Page:Mediation in Certain Divorce Matters Act 1987.djvu/4



MEDIATION IN CERTAIN DIVORCE MATTERS ACT, 1987. (2) No regulations may be made under subsection (1) (c) or (d) except with the concurrence of the Minister of Finance.

6. Section 6 of the Divorce Act, 1979, is hereby amended by the substitution for subsection (1) of the following subsection: “(1) A decree of divorce shall not be granted until the court—

is satisfied that the provisions made or contemplated with regard to the welfare of any minor or dependent child of the marriage are satisfactory or are the best that can be effected in the circumstances; and if an enquiry is instituted by the Family 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). ”.

7. Section 8 of the Divorce Act, 1979, is hereby amended by the substitution for subsection (1) of the following subsection: “(1) A maintenance order or an order in regard to the custody or guardianship of, or access to, a child, made in terms of this Act, may at any time be rescinded or varied or, in the case of a maintenance order or an order with regard to access to a child, be suspended by a court if the court finds that there is sufficient reason therefor: Provided that if an enquiry is instituted by the Family Advocate in terms of section 4 (1) (b) or (2) (b) of the Mediation in Certain Divorce Matters Act, 1987, such an order with regard to the custody or guardianship of, or access to, a child shall not be rescinded or varied or, in the case of an order with regard to access to a child, not be suspended before the report and recommendations referred to in the said section 4 (1) have been considered by the court. ”.

8. Section 12 of the Divorce Act, 1979, is hereby amended by the substitution for subsection (3) of the following subsection: “(3) The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to proceedings relating to the enforcement or variation of any order made in terms of this Act as well as in relation to any enquiry instituted by a Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987 .”.

9. (1) 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.

(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.