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:
• Capital Territory
• New South Wales
• Northern Territory
• State of Queensland
• South Australia
• State of Victoria
• Western Australia
• British Columbia
• Province of Manitoba North West Territories
• Province of Ontario
Cocoa (Keeling) Islands
Guernsey (Bailiwick of)
Isle of Jersey
Isle of Man
• Northern Ireland
United States of America
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
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