Parent can claim maintenance for adult dependent children on divorce
Supreme Court of Appeal rules that a parent can claim maintenance for adult dependent children on divorce.
There are conflicting Court judgements as to whether a parent has the legal standing to claim maintenance, or that the children has to do so themselves.
The mother appealed the ruling to the Supreme Court of Appeal before Acting Judge Meyer.
Judge Meyer said the parents of a minor child or an adult dependent child had a duty to support them in accordance with their means, under both common law and statute.
“It is an inescapable fact of modern life that marriages end in divorce … The parents’ duty to support their children is not terminated by the dissolution of their marriage,”
In terms of the Divorce Act, a court would not grant a divorce unless it was satisfied that the welfare of any minor child or dependent child was provided for, and the court could make any order it deemed fit as regards maintenance.
Judge Meyer held that properly contextualised, the words in the Divorce Act supported an interpretation that a parent can claim maintenance on behalf of adult dependent children. It served to safeguard the welfare of both adult dependent children and minor children. Any other interpretation would not be constitutionally valid and would result in “an absurdity”:
“It would implicate the constitutionally entrenched fundamental rights to human dignity, emotional wellbeing and equality.”
“Most children are not financially independent by the time they attain majority age 18. Many have not even concluded their secondary education … a further reality is that it often takes time for young adults to obtain employment,” Judge Meyer said.
“Dependent children should also remain removed from the conflict between their divorcing parents for as long as possible, unless they elect themselves to assert their rights to the duty of support.
“It is undesirable that they should have to take sides and institute a claim together with one parent against the other. They should preferably maintain a meaningful relationship with both parents after divorce.”
The court upheld the appeal with costs and dismissed the father’s special plea.
The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@cklaw.co.za or 021 556 9864 to speak to one of our attorneys.
Related News
When Life Changes, Must Your Court Order? Understanding the Variation Process
Court orders are not set in stone, but variation is not automatic. This article explains when changes are allowed and how courts assess applications.
Municipalities’ Duties During Eviction Proceedings
Eviction proceedings involve more than landlords and occupiers. Municipalities have constitutional duties to assist courts, especially where vulnerable occupiers risk homelessness.
Facing an Immigration Ban in South Africa? Here’s What You Need to Know
Non-compliance with South African immigration laws can lead to bans, prohibited status, or undesirability. Learn how upliftments and waivers can help restore your legal standing.



