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Divorce Act, 1979 (Act No. 70 of 1979)

6. Safeguarding of interests of dependent and minor children

 

(1) A decree of divorce shall not be granted until the court-
(a) is satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage, including any minor or dependent child of a Muslim marriage, are satisfactory or are the best that can be effected in the circumstances; and

[Section 6(1)(a) substituted by section 3(a) of the Divorce Amendment Act, 2024, Notice No. 4821, GG50651, dated 14 May 2024]

(b) if an enquiry is instituted by the Family Advocate in terms of section 4 (1) (a) or (2) (a) of the Mediation in Certain Divorce Matters Act, 1987, has considered the report and recommendations referred to in the said section 4 (1).

 

(2) For the purposes of subsection (1) the court may cause any investigation which it may deem necessary, to be carried out and may order any person to appear before it and may order the parties or any one of them to pay the costs of the investigation and appearance.

 

(3) A court granting a decree of divorce may, in regard to the maintenance of a dependent child of the marriage, including a dependent child of a Muslim marriage, or the custody or guardianship of, or access to, a minor child of the marriage, including a minor child of a Muslim marriage, make any order which it may deem fit, and may in particular, if in its opinion it would be in the interests of such minor child to do so, grant to either parent the sole guardianship (which shall include the power to consent to the marriage of the child) or the sole custody of the minor, and the court may order that, on the predecease of the parent to whom the sole guardianship of the minor is granted, a person other than the surviving parent shall be the guardian of the minor, either jointly with or to the exclusion of the surviving parent.

[Section 6(3) substituted by section 3(b) of the Divorce Amendment Act, 2024, Notice No. 4821, GG50651, dated 14 May 2024]

 

(4) For the purposes of this section the court may appoint a legal practitioner to represent a child at the proceedings and may order the parties or any one of them to pay the costs of the representation.