GENERAL EXPLANATORYNOTE: Words underlined with solid line indicate insertions in existing enactments.
To provide for mediation in certain divorce proceedings, and in certain applications arising from such proceedings, in which minor or dependent children of the marriage are involved, in order to safeguard the interests of such children; and to amend the Divorce Act, 1979, in order to provide for the consideration by a court in certain circumstances of the report and recommendations of a Family Advocate before granting a decree of divorce or other relief and to make the provisions of section 12 (1) and (2) of the said Act applicable to an enquiry instituted in terms of this Act; and to provide for matters connected therewith.
Definitions. 1. In this Act, unless the context otherwise indicates, any word or expression has the meaning attached thereto in the Divorce Act, 1979 (Act No.
Appointment of 2.
Family Advocates. public service at each division of the Supreme Court of South Africa to be styled the Family Advocate, to exercise the powers and perform the duties granted or assigned to a Family Advocate by or under this Act or any other law.
No person shall be appointed as a Family Advocate unless he is qualified to be admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and the Minister deems him to be suitable for appointment as a Family Advocate by reason of his involvement in or experience 20 of-the adjudication or settlement of family matters.
Appointment of 3.
Family Counsellors. may appoint at each division of the Supreme Court of South Africa one or more suitably qualified or experienced persons to be styled the Family Counsellor, to assist the Family Advocate 25 with an enquiry referred to in section 4 (1).
A Family Counsellor shall hold office for a period of three years, or for such shorter period as the Minister determines at the time of his appointment.
A Family Counsellor may resign by written notice to the Minister.
The Minister may at any time withdraw the appointment of a Family Counsellor if in his opinion there is sufficient reason for doing so.
Powers and 4.
after an application has been lodged for the variation.
rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act. 1979 (Act No. 70 of 1979), if so requested by any party to such proceedings or the court concerned, institute an enquiry to enable him to furnish the court at the trial of such action or the hearing of such application with a report and recommendations on any matter concerning the welfare of each minor or dependent child of the marriage concerned or regarding such matter as is referred to him by the court.
A Family Advocate may after the institution of a divorce action; or after an application has been lodged for the variation, rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979, if he deems it in the interest of any minor or dependent child of a marriage concerned, apply to the court concerned for an order authorizing him to institute an enquiry contemplated in subsection (1).
Any Family Advocate may, if he deems it in the interest of any minor or dependent child of a marriage concerned, and shall, if so requested by a court, appear at the trial of any divorce action or the hearing of any application referred to in subsections (1) (b) and (2) (b) and may adduce any available evidence relevant to the action or application and cross-examine witnesses giving evidence thereat.
generally, any other matter which he deems necessary or expedient to prescribe in order to 'give effect to the provisions of this Act and to realize the objects thereof.
Act 70 of 1979.
Act 70of 1979.
Short title and commencement.
except with the concurrence of the Minister of Finance.
(1) A decree of divorce shall not be granted until the courti!!l.
if an en uiry is instituted by the Faroi} Advocate in terms of section 4 1) (a) or (2) (a) of the Mediation in Certain Divorce Matters Act, 1987, has considered the report and recommendations referred to in the said section 4 (1).
have been considered by the court.
Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.
This Act shall be called the Mediation in Certain Divorce Matters Act, 1987, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.