Arrangements made at the time of divorce

 When a couple gets divorced, they must make a number of arrangements. The woman might have to fight to get a fair deal, especially when it comes to the children of the marriage. The most important arrangements the couple must make are:

·         custody of the children
·         access to the children
·         maintenance of the children
·         maintenance for one partner, usually the wife
·         dividing up the family property


Custody and maintenance of children are the most important things to arrange. A court will not let a couple get divorced until it is sure that there are satisfactory arrangements for the children. A social worker called a Family Advocate assists the court to sort out the children.

Custody of the children

 This means care of the children. The law says that children must always have an adult to look after them. The court always thinks hardest about the interests of the children, not just the interests or wishes of the parents. So if the parents can't agree on who should have custody of the children, then the court looks to see which parent can best look after the children. Often the court asks welfare officers to talk to the parents and then give the court a report. Usually the court gives custody to the mother, especially if the children are very small.

There is a Family Advocate's office in each division of the High Court (where divorces are heard). The Family Advocate holds an enquiry and makes a recommendation and report to the court. If the parties don't settle the matter out of court, then the Family Advocate also goes to court to represent the interests of the children.

One of the parents can also ask the Family Advocate to hold an enquiry. An example: the husband sues for divorce and asks for custody of the children. But the wife also wants custody. Then either of them can complete an 'Annexure B' form which asks the Family Advocate to enquire into the problem. You can get an 'Annexure B' form from the Registrar of the High Court, a lawyer, Legal Aid or from the Family Advocate.

 The Family Advocate does not charge the parent for holding the enquiry.

 If the woman is really worried that the children are suffering, she can make an urgent application for interim custody. She asks the court to give the children to her quickly.