| (1) |
If legal aid is granted for the bringing of a divorce action, the action must be instituted in the court for a regional division established in terms of the Magistrates’ Courts Act, 1944: Provided that Legal Aid South Africa may grant approval for the institution of the action in another court, after taking the following factors into consideration: |
| (b) |
logistical factors, including the legal aid applicant’s distance from the court; and |
| (c) |
the interests of the legal aid applicant. |
| (2) |
Legal Aid South Africa may not grant legal aid for the following matters: |
| (b) |
a divorce action if the legal aid applicant married a foreigner to enable that foreigner to obtain South African citizenship; and |
| (c) |
a divorce action where there is— |
| (i) |
no allegation of domestic abuse; |
| (ii) |
no child, including a disabled or intellectually challenged child; |
| (iii) |
no immovable property as part of the joint estate; |
| (iv) |
no pension interest as part of the joint assets; or |
| (v) |
any other substantial benefit in the joint estate. |
[Regulation 15(2) substituted by section 6 of Notice No. R.680, GG44936, dated 6 August 2021]
| (3) |
Legal aid may only be granted in order to vary or enforce a divorce order if— |
| (a) |
the issue in dispute deals with the care of children or contact with children; |
| (b) |
the application is supported by a report of a social worker or a Family Advocate; and |
| (c) |
the opposing party refuses, fails or neglects to give effect to the terms of the court order or deed of settlement. |
| (4) |
Legal aid may be granted to vary or amend a divorce order so as to include an order for the payment of the pension fund interest by the pension fund or to ensure the correct description of the relevant pension fund in the court order. |
| (5) |
After the issuing of a divorce summons Legal Aid South Africa may apply to the court for an order that the opposing party may make a contribution towards the legal aid applicant’s costs: Provided that this application must not be brought if the cost of the application will be more than the amount of the contribution. |
Statistics Act, 1999
