Divorce, maintenance payments and prescription By Joshua Rutgers, Bianke Biassoni and Piet Badenhorst
When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …