Administration of Estates


RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS – FOREIGN
This applies where one of the parties lives in another country, which shares an agreement with South Africa for the enforcement of maintenance orders
What is a proclaimed country or territory?
• Some countries have a special arrangement with South Africa, so that maintenance orders granted in each country can be enforced in the other country.
• A country that belongs to this agreement is called a proclaimed or designated country.
South Africa has reciprocal enforcement agreements with the following countries and states:
Australia
• Capital Territory
• New South Wales
• Northern Territory
• State of Queensland
• South Australia
• Tasmania
• State of Victoria
• Western Australia
Botswana
Canada
• Alberta
• British Columbia
• Province of Manitoba North West Territories
• Province of Ontario
Cocoa (Keeling) Islands
Cyprus
Fiji
Germany
Guernsey (Bailiwick of)
Hong Kong
Isle of Jersey
Isle of Man
Kenya
Lesotho
Malawi
Mauritius
Namibia
New Zealand
Nigeria
Norfolk Island
Sarawak
Singapore
St Helena
Swaziland
United Kingdom
• England
• Northern Ireland
• Scotland
• Wales
United States of America
• California
• Florida
Zambia
Zimbabwe

It takes approximately 12 months for an order to be registered in proclaimed countries.
In order to enforce a Maintenance Order in a country that has an arrangement with South Africa, documentation must be submitted to:
The Department of Justice and Constitutional Development
Private Bag X81, Pretoria, 0001
Office of the DG
Chief Directorate: International Legal Relations
Documentation Required
The following documentation is required in respect of the proclaimed countries and territories:
• Four certified copies of the provisional court order
• An affidavit by the complainant or an officer of the court as to the amount of arrears due under the order, four certified copies
• Four certified copies of the deposition affidavit or evidence of the complainant
• Certified birth certificate(s) of the child or children
• The marriage certificate (if applicable) certified
• A photograph and description of the defendant.
• The exhibits referred to in the complainant’s deposition, affidavit or evidence duly endorsed as prescribed above, if any
• Four certified copies of the order of court
• Physical residential and or working address of the defendant in the proclaimed country

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