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Chapter 8 - Family Law and Violence against Women

Checklists

Marriage

1. Were you married in a church or magistrate's office?
2. Or were you married according to customary law?
3. Did you sign an ante-nuptial contract with your partner before you got married?
4. What was the date of your marriage?

Divorce

1. Do you want to separate from your partner or do you want to divorce your partner?
2. What are your reasons for wanting a divorce?
3. Do you have any children with your partner?
4. Does your partner agree to the divorce?
5. Can you afford to pay for an attorney to deal with your divorce?
6. Do you want to apply for Legal Aid to pay for an attorney? (See Applying for Legal Aid)
7. Has your husband treated you or your children cruelly or violently while you were married?
8. If the children are being maltreated, have you reported the case to Child Welfare or the police?
9. Does the father pay any maintenance for the children?

Maintenance

1. When were you married?
2. Are you living together or apart?
3. How many children do you have?
4. Where does the father of the children live, and where does he work?
5. Have you applied for maintenance to the maintenance court?
6. Have you worked out what your living expenses are? (See Monthly expenses)

Child abuse and neglect

1. Has the problem of neglect been referred to the nearest Child Welfare Society?
2. Has the problem of abuse been referred to the nearest Child Welfare Society, a social worker or the police?
3. Have you applied for a Protection Order under the Domestic Violence Act?

Rape and indecent assault

1. Have you been to a doctor for a medical check-up?
2. Do you know the name of the person who raped or assaulted you?
3. Where does the person live (his address)?
4. Have you laid a charge against the person at the police station?
5. Have you reported the case to any welfare organisation, for example, Rape Crisis, church welfare organisation, or social work agency?

Monthly expenses

The following section shows you how to draw up a list of expenses when you apply for maintenance.

When you are getting ready to go for maintenance from the father of your child or children, you should make a list of what you spend every month. Here is an example of a list as it should be set out for the court enquiry. [The explanation parts in brackets are just there so you can see what goes onto the list and why.]

This is a maintenance claim by Ruby Brown to get money from Jack Mhlope for her daughter, Thandi, who is 11 years old. Ruby has 3 other children who are not Jack's children, and her mother lives with them.