Post Divorce Action

01 February 2024 ,  Melody Sithole 96

My divorce has been finalised and my former spouse and I have received our decree of divorce however he refuses to comply with the decree of divorce, what steps can I take to make sure he complies?

A decree of divorce is a document that contains obligations that both parties must comply with. The obligations can include but are not limited to transfer of property, maintenance that must be paid to a former spouse of children or contact that a parent will have with their child.

Failing to comply with provisions/obligations of a decree of divorce means that the defaulting party is now in contempt of court. The aggrieved party can thus seek relief by applying for a contempt of court order.

Contempt of court is can be described as refusing to obey/comply with a lawful order given by a court. Contempt of court is regarded as a criminal offence in South Africa.

When a person that wishes to apply for a contempt of court order, they must prove the following:

  1. That there is an order granted the respondent
  2. That the Respondent has knowledge about the order; and
  3. That the Respondent intentionally contradicted the terms of the order