Arcus v Arcus (4/2021)
Arcus v Arcus (4/2021) [2022] ZASCA 9; [2022] 1 All SA 626 (SCA); 2022 (3) SA 149 (SCA) (21 January 2022)
The Supreme Court of Appeal held that maintenance orders, whether arising from a consent paper incorporated into a divorce order or granted by a maintenance court, possess the attributes of a judgment debt for the purposes of section 11(a)(ii) of the Prescription Act. These orders are final and enforceable until varied or discharged upon new facts, are executable without further proof, and are appealable. The fact that maintenance orders may be varied does not detract from their status as judgment debts, as any variation introduces a new dispute and does not affect the finality of the origina…
Source excerpt
- Maintenance Orders
- Prescription Periods
- Judgment Debt
- Divorce Consents
- Arrear Maintenance