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Do maintenance claims prescribe after 30 years or 3 years?

Each day there are people heading to family court to lodge personal maintenance claims against partners and/or on behalf of their children. All maintenance claims are governed by the Maintenance Act No.99 of 1998, as amended. The Act correlates with all other legislation with laws that speaks to maintenance. The Prescription Act is one of the examples of legislation where the Supreme Court of Appeal in Arcus v Arcus determined that an undertaking to pay maintenance in a divorce order constitutes a ‘judgment debt’ and not just any debt. Therefore, in terms of section 11(a)(ii) the maintenance claim prescribes after 30years has lapsed. In a case of just any debt, debts are subject to 3years prescription period. Arcus v Arcus (1 of 2021) [2022] ZASCA 9 (21 January 2022) ....

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