A better way to deal with the maintenance claims of adult dependent children upon their parents’ divorce

Abstract

On 1 July 2007 section 17 of the Children’s Act 38 of 2005 came into operation. It lowered the age of majority from 21 years to 18 years and brought our law into alignment with the notion in international human rights law that 18 years marks the end of childhood (see Schäfer Child law in South Africa (2011) 16; Boezaart “Child law, the child and South African private law” in Boezaart (ed) Child law in South Africa (2009) 17). This reduction in the age of majority had several repercussions for young dependent adults between the ages of 18 to 20. This once protected group of people is now exposed to contractual liability, prescription may run against them and they must institute and defend legal proceedings in their own name (see Schäfer Child law in South Africa 23). In this note the searchlight will specifically fall on the predicament in which many of these young dependent adults may find themselves as far as their maintenance claims upon their parents’ divorce are concerned. Two recent cases dealing with the institution of these young adults’ maintenance claims pending their parents’ divorce will be examined and finally some suggestions will be made on how their maintenance claims should be dealt with in practice.