02/06/2026
𝐌𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞 𝐟𝐨𝐫 𝐚 𝐌𝐚𝐣𝐨𝐫 𝐃𝐞𝐩𝐞𝐧𝐝𝐞𝐧𝐭 𝐂𝐡𝐢𝐥𝐝: 𝐖𝐡𝐚𝐭 𝐒𝐨𝐮𝐭𝐡 𝐀𝐟𝐫𝐢𝐜𝐚𝐧 𝐏𝐚𝐫𝐞𝐧𝐭𝐬 𝐍𝐞𝐞𝐝 𝐭𝐨 𝐊𝐧𝐨𝐰
Many parents assume that their legal obligation to support a child automatically ends when that child turns eighteen.
However, South African law recognizes that this is not always the case. A child who has reached the age of majority but is unable to support themselves may still be entitled to maintenance from their parents.
Understanding the rights of major dependent children and the obligations of parents is essential, particularly where a child is pursuing tertiary education or is unable to become financially independent due to a disability.
𝐖𝐡𝐚𝐭 𝐢𝐬 𝐚 𝐌𝐚𝐣𝐨𝐫 𝐃𝐞𝐩𝐞𝐧𝐝𝐞𝐧𝐭 𝐂𝐡𝐢𝐥𝐝?
A major dependent child is a child who has attained the age of eighteen but remains financially dependent on their parents. This dependency may arise because the child is pursuing further education, such as university or college studies, or because they suffer from a disability that prevents them from supporting themselves.
In these circumstances, the parental duty of support does not automatically come to an end when the child becomes a major.
𝐓𝐡𝐞 𝐏𝐫𝐞𝐯𝐢𝐨𝐮𝐬 𝐋𝐞𝐠𝐚𝐥 𝐏𝐨𝐬𝐢𝐭𝐢𝐨𝐧
Historically, South African law placed the responsibility on the major child to institute legal proceedings against a parent for maintenance once they reached adulthood.
This created several practical and emotional challenges. Major children were often placed in the uncomfortable position of having to take legal action against one of their parents, which could damage family relationships and create unnecessary conflict.
In many cases, children avoided bringing maintenance claims altogether, leaving one parent to bear the full financial burden of supporting the child through tertiary education or other periods of dependency.
The legal position was further complicated by differing approaches adopted by various courts.
In the KwaZulu-Natal Division, courts generally refused to include provisions relating to the maintenance of major children in divorce orders, reasoning that the major child was not a party to the divorce proceedings and therefore could not be included in the final order. Other divisions adopted different approaches, resulting in uncertainty and inconsistency across the country.
𝐓𝐡𝐞 𝐋𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧: 𝐙 𝐯 𝐙 𝟐𝟎𝟐𝟐 (𝟓) 𝐒𝐀 𝟒𝟓𝟏 (𝐒𝐂𝐀)
The uncertainty was ultimately resolved by the Supreme Court of Appeal in the landmark matter of Z v Z 2022 (5) SA 451 (SCA).
In this case, the appellant sought maintenance for herself as well as for the parties' two major dependent children. The respondent raised a special plea, arguing that the appellant lacked 𝑙𝑜𝑐𝑢𝑠 𝑠𝑡𝑎𝑛𝑑𝑖, the legal right to bring the claim, on behalf of the major children.
According to the respondent, the children were required to institute separate maintenance proceedings in their own names.
The appellant relied on Section 6 of the Divorce Act 70 of 1979, which empowers a court to make any order it considers appropriate regarding the maintenance of dependent children.
In delivering its judgment, the Supreme Court of Appeal recognized the practical difficulties faced by dependent adult children and emphasized the importance of shielding children from parental conflict wherever possible.
𝐓𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐬𝐭𝐚𝐭𝐞𝐝:
“𝐷𝑒𝑝𝑒𝑛𝑑𝑒𝑛𝑡 𝑐ℎ𝑖𝑙𝑑𝑟𝑒𝑛 𝑠ℎ𝑜𝑢𝑙𝑑 𝑎𝑙𝑠𝑜 𝑟𝑒𝑚𝑎𝑖𝑛 𝑟𝑒𝑚𝑜𝑣𝑒𝑑 𝑓𝑟𝑜𝑚 𝑡ℎ𝑒 𝑐𝑜𝑛𝑓𝑙𝑖𝑐𝑡 𝑏𝑒𝑡𝑤𝑒𝑒𝑛 𝑡ℎ𝑒𝑖𝑟 𝑑𝑖𝑣𝑜𝑟𝑐𝑖𝑛𝑔 𝑝𝑎𝑟𝑒𝑛𝑡𝑠 𝑓𝑜𝑟 𝑎𝑠 𝑙𝑜𝑛𝑔 𝑎𝑠 𝑝𝑜𝑠𝑠𝑖𝑏𝑙𝑒, 𝑢𝑛𝑙𝑒𝑠𝑠 𝑡ℎ𝑒𝑦 𝑒𝑙𝑒𝑐𝑡 𝑡𝑜 𝑡ℎ𝑒𝑚𝑠𝑒𝑙𝑣𝑒𝑠 𝑎𝑠𝑠𝑒𝑟𝑡 𝑡ℎ𝑒𝑖𝑟 𝑟𝑖𝑔ℎ𝑡𝑠 𝑡𝑜 𝑡ℎ𝑒 𝑑𝑢𝑡𝑦 𝑜𝑓 𝑠𝑢𝑝𝑝𝑜𝑟𝑡.
𝐼𝑡 𝑖𝑠 𝑢𝑛𝑑𝑒𝑠𝑖𝑟𝑎𝑏𝑙𝑒 𝑡ℎ𝑎𝑡 𝑡ℎ𝑒𝑦 𝑠ℎ𝑜𝑢𝑙𝑑 ℎ𝑎𝑣𝑒 𝑡𝑜 𝑡𝑎𝑘𝑒 𝑠𝑖𝑑𝑒𝑠 𝑎𝑛𝑑 𝑖𝑛𝑠𝑡𝑖𝑡𝑢𝑡𝑒 𝑎 𝑐𝑙𝑎𝑖𝑚 𝑡𝑜𝑔𝑒𝑡ℎ𝑒𝑟 𝑤𝑖𝑡ℎ 𝑜𝑛𝑒 𝑝𝑎𝑟𝑒𝑛𝑡 𝑎𝑔𝑎𝑖𝑛𝑠𝑡 𝑡ℎ𝑒 𝑜𝑡ℎ𝑒𝑟; 𝑡ℎ𝑒𝑦 𝑠ℎ𝑜𝑢𝑙𝑑 𝑝𝑟𝑒𝑓𝑒𝑟𝑎𝑏𝑙𝑦 𝑚𝑎𝑖𝑛𝑡𝑎𝑖𝑛 𝑎 𝑚𝑒𝑎𝑛𝑖𝑛𝑔𝑓𝑢𝑙 𝑟𝑒𝑙𝑎𝑡𝑖𝑜𝑛𝑠ℎ𝑖𝑝 𝑤𝑖𝑡ℎ 𝑏𝑜𝑡ℎ 𝑡ℎ𝑒𝑖𝑟 𝑝𝑎𝑟𝑒𝑛𝑡𝑠 𝑎𝑓𝑡𝑒𝑟 𝑡ℎ𝑒 𝑑𝑖𝑣𝑜𝑟𝑐𝑒.”
The Court ultimately upheld the appeal and confirmed that a parent has the necessary locus standi to pursue a maintenance claim on behalf of a major dependent child during divorce proceedings.
𝐃𝐨𝐞𝐬 𝐓𝐡𝐢𝐬 𝐀𝐩𝐩𝐥𝐲 𝐎𝐧𝐥𝐲 𝐭𝐨 𝐃𝐢𝐯𝐨𝐫𝐜𝐞 𝐏𝐫𝐨𝐜𝐞𝐞𝐝𝐢𝐧𝐠𝐬?
A common question arising from the judgment is whether this principle applies only where parents are in the process of divorcing.
The answer is no.
Although the decision was made in the context of divorce proceedings, maintenance courts have largely extended the reasoning of Z v Z to other situations involving major dependent children.
This means that parents may generally bring maintenance applications on behalf of major dependent children where:
• Divorce proceedings are currently pending;
• The parties are already divorced; or
• The parents were never married.
The rationale remains the same. Requiring a major dependent child to litigate directly against a parent often places them in an unfair and emotionally difficult position. It may also discourage legitimate maintenance claims from being pursued, resulting in one parent carrying the entire financial responsibility for the child.
𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐧𝐠 𝐂𝐡𝐢𝐥𝐝𝐫𝐞𝐧 𝐟𝐫𝐨𝐦 𝐅𝐚𝐦𝐢𝐥𝐲 𝐂𝐨𝐧𝐟𝐥𝐢𝐜𝐭
A key principle emerging from Z v Z is the recognition that children, whether minors or dependent adults, should, as far as possible, be protected from litigation between their parents.
Forcing a dependent adult child to choose sides or institute legal proceedings against a parent can strain family relationships and create unnecessary hardship. By allowing parents to pursue maintenance claims on behalf of their major dependent children, the courts have adopted a more practical and child-centered approach.
At the same time, the major child retains the right to bring a maintenance claim personally should they choose to do so. They may also pursue maintenance claims against both parents where appropriate.
𝐂𝐨𝐧𝐜𝐥𝐮𝐬𝐢𝐨𝐧
The legal position is now considerably clearer than it was in the past. South African courts recognize that a child who has reached adulthood may still require financial support and that parents retain a duty to support such children where they are unable to support themselves.
Importantly, parents are entitled to pursue maintenance claims on behalf of major dependent children, regardless of whether the parties are currently divorcing, already divorced, or were never married.
Simply put, if your child remains financially dependent due to ongoing education, disability, or another legitimate reason, you may have the right to claim or enforce maintenance on their behalf against the other parent.
If you require legal advice regarding maintenance obligations, parental rights, or maintenance court proceedings, the family law team at Brookes Attorneys is available to assist.
𝐁𝐫𝐨𝐨𝐤𝐞𝐬 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲𝐬
📍 2 Charles Way, Kloof
📞 031 035 1055
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