Maintenance

Spousal Maintenance

There is no legal provision in South African law for spousal maintenance.

If a spouse wants to claim maintenance, he or she must prove in court why they are entitled to maintenance.

Mediation is a powerful tool to reach a spousal maintenance agreement without having to prove it in court.

Child Maintenance

Under South African law, both parents are required to provide financial support to their children after divorce.

The financial support is not arbitrary and must be negotiated according to the Maintenance Act of 1998 and the Children’s Act 38 of 2005.

As per legislation, these calculations are based on the income per parent and not on a 50/50 split.

Specific formulas are used in mediation to calculate child maintenance without having to settle the matter in court.

Maintenance Court Order

Maintenance can be made an order of the court, and failure to comply with it is a criminal offence.

Fees

Different cost structures apply based on the level of agreement between the parties and range from R35,150 (R17,575 per party), where the parties disagree on everything, to R11,150 (R5,575 per party), where the parties agree on everything (see attached quotations).

Maintenance Option 1
Disagree on everything

The parties disagree on all matters related to spousal and child maintenance and have reached a deadlock.

Maintenance Option 2
Mostly agree on everything

The parties agree on most matters related to spousal and child maintenance, except for the calculations, and need assistance.

Maintenance Option 3
Agree on everything

The parties agree on all matters related to spousal and child maintenance, including the calculations, and want it to be made a court order.

Maintenance Option 1
Disagree on everything

The parties disagree on all matters related to spousal and child maintenance and have reached a deadlock.

Maintenance Option 2
Mostly agree on everything

The parties agree on most matters related to spousal and child maintenance, except for the calculations, and need assistance.

Maintenance Option 3
Agree on everything

The parties agree on all matters related to spousal and child maintenance, including the calculations, and want it to be made a court order.

  • Each session lasts 2 hours
  • Each party is responsible for 50% of the total fees
  • The total fees must be paid before mediation can start for the following reasons:
    • It eliminates non-payment being used as a stalling tactic during mediation
    • Paying per session typically leads to more sessions and higher costs
    • It motivates the parties to reach an agreement and stay within budget

A refund of 100% will apply to unused sessions if the parties successfully sign the legal documents.