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Chapter 8
Related Sections
1
INTRODUCTION
2
MARRIAGE
3
Draft Marriage Bill (2023)
4
Civil marriages
5
CIVIL UNIONS
6
African customary marriages
7
Muslim and Hindu marriages
8
The rules of civil marriage
9
DIVORCE
10
Divorce in a civil marriage
11
Ending an African customary marriage
12
Ending a Muslim or Hindu marriage
13
The Family Court
14
Arrangements made at the time of divorce
15
CARE AND PROTECTION OF CHILDREN
16
Laws that apply to child care and protection
17
The Children’s Act and Children’s Amendment Act
18
Summary of the Children’s Act
19
Overview of important sections of the Children’s Act
20
CUSTODY, GUARDIANSHIP AND SUPPORT OF CHILDREN
21
Custody or care
22
Guardianship
23
The duty to support children
24
Parental responsibilities and rights
25
Children of African customary unions
26
Children of Muslim or Hindu marriages
27
Adoption of children
28
CHILD ABUSE AND NEGLECT
29
Laws protecting abused and neglected children
30
Reporting child abuse
31
Stopping child abuse using the Domestic Violence Act
32
Child sexual abuse
33
Removing children from abuse or neglect
34
Foster care
35
ABORTION
36
When may a woman have an abortion?
37
Consent to an abortion
38
Who may perform an abortion?
39
DEATH
40
Dying without a will
41
Dying with a will
42
Winding up a dead person’s estate
43
PROBLEMS
44
Problem 1: Getting a divorce
45
Problem 2. Entering into a civil union
46
Problem 3. Adopting a child
47
Problem 4. Getting maintenance through the Maintenance Court
48
Problem 5: Maintenance is not paid
49
Problem 6: Making a will
50
MODEL LETTER
51
Model letter: Request for social worker’s report to assist with application for legal aid
52
CHECKLISTS
53
Checklist: Marriage
54
Checklist: Divorce
55
Checklist: Maintenance
56
Checklist: Child abuse and neglect

The Family Court

The Family Court combines issues of maintenance, Children’s Court matters, guardianship, parental rights and responsibilities relating to custody and care, and domestic violence. (See Custody, guardianship and support of the children)

All Regional Courts are now Family Courts. One of the purposes of the Regional Court is to make it easier and cheaper for people to get a divorce. In the Regional Court people can choose not to have an attorney or advocate to represent them. The procedures used in the Regional Court are simple and cheap (if no lawyers are used). See Problem 1: Getting a divorce)

A divorce can be finalised in as little as a month if the parties have signed a settlement agreement at the outset, this is called a Consent Paper. However if there are children, the Family Advocate who is appointed to look specifically at the needs of children in family matters, may become involved to make sure that the arrangements for the children are satisfactory.

If there are any disputes about the children or if they have any concerns about the arrangements proposed for the children in the summons, the divorce will take a bit longer to finalise. It will also take longer if it is defended. (See Resources for Divorce Court Centres)