Matrimonial law, also known as family law, encompasses legal matters concerning marriage, divorce, and family relationships. It addresses various aspects such as marriage requirements, divorce procedures, child custody, support, and the division of marital property. Key elements include regulations governing the formation of marriages or civil unions, procedures for obtaining divorce or annulment, and provisions for child custody, support, and spousal maintenance.
In South Africa, matrimonial law is primarily governed by statutes like the Divorce Act, the Maintenance Act, and the Children’s Act. These laws establish the legal framework for addressing marriage, divorce, and family-related issues, with the objective of promoting fairness, protecting the rights of spouses and children, and facilitating the resolution of family disputes. Courts play a central role in adjudicating matrimonial cases, ensuring that decisions are made in the best interests of all family members, particularly children, and that equitable outcomes are achieved in matters such as property division and support obligations.