SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate understanding of the divorce system in South Africa 
SAQA US ID UNIT STANDARD TITLE
123225  Demonstrate understanding of the divorce system in South Africa 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard will enable court based learners to gain knowledge of the basic legal concepts and rules that govern their work in divorce matters thereby assisting in developing the legal expertise which will support the divorce court system and contributing to the more effective and equitable resolution of family disputes in South Africa.

Learners credited with this unit standard will be able to:
  • Demonstrate an understanding of the position and structure of the divorce court.
  • Examine the provisions of the Divorce Act.
  • Demonstrate knowledge of divorce court procedures and the role of mediation.
  • Analyse the proprietary issues in divorce matters.
  • Analyse the concepts of custody, access, guardianship and maintenance in divorce matters.
  • Identify applications in divorce matters. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4.
    Mathematical literacy skills NQF Level 4. 

    UNIT STANDARD RANGE 
    In this unit standard, the divorce court system refers to the divorce services administered by lower courts in South Africa in terms of the Administration Amendment Act no 9 of 1929. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of the position and structure of the divorce court. 
    OUTCOME RANGE 
    Position and structure of courts to include High Courts and divorce courts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Courts that may hear divorce matters in South Africa are identified within the overall hierarchy of courts. 

    ASSESSMENT CRITERION 2 
    Roles and competencies of lower and higher courts in divorce matters are explained in the context of divorce matters. 

    ASSESSMENT CRITERION 3 
    The divorce court structure is explained as established by the Administration Amendment Act no 9 of 1929. 

    ASSESSMENT CRITERION 4 
    The functioning of circuit divorce courts is explained within the context of the Administration Amendment Act no 9 of 1929. 
    ASSESSMENT CRITERION RANGE 
    Functioning of the divorce court must include one example of the circuit divorce courts, i.e. Southern Divorce Court, North Eastern Divorce Court or Central Divorce Court.
     

    SPECIFIC OUTCOME 2 
    Examine the provisions of the Divorce Act. 
    OUTCOME RANGE 
    The provisions to be covered are set out in sections 3, 4, 5, 6, 7, 8, and 9 of the Divorce Act no 70 of 1979. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Grounds on which a marriage can be dissolved are examined with reference to the Divorce Act. 

    ASSESSMENT CRITERION 2 
    Powers of the court to divide assets and provide for maintenance are examined in the context of divorce matters. 

    ASSESSMENT CRITERION 3 
    Powers of the court to rescind, suspend or vary divorce orders are explained in order to inform court users. 

    ASSESSMENT CRITERION 4 
    Grounds upon which a court will order forfeiture of benefits are analysed in the context of divorce matters. 

    SPECIFIC OUTCOME 3 
    Demonstrate knowledge of divorce court procedures and the role of mediation. 
    OUTCOME RANGE 
    The divorce court procedures to be covered are those contained in the Rules of the Administration Amendment Act no 9 of 1929 (R1454). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Responsibilities of role-players are analysed in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Role-players must include administrative clerks, registrars, sheriffs, family advocates, legal representatives and presiding officers.
     

    ASSESSMENT CRITERION 2 
    The rules of the divorce court are explained in order to inform court users. 

    ASSESSMENT CRITERION 3 
    Differences between the rules of the divorce court and those of the high court are contrasted in the context of divorce matters. 

    ASSESSMENT CRITERION 4 
    Procedures by which a divorce matter moves through the court system from initiation to conclusion is explained in the context of a given case study. 

    ASSESSMENT CRITERION 5 
    Legal documents commonly used in divorce matters are analysed in the context of their purpose. 
    ASSESSMENT CRITERION RANGE 
    The legal documents must include divorce summons, consent papers, notice of intention to defend, plea and counterclaim, plea to counterclaim, notices of set down and divorce orders.
     

    ASSESSMENT CRITERION 6 
    The role of mediation in achieving settlement is explained in the context of divorce matters. 

    SPECIFIC OUTCOME 4 
    Analyse the proprietary issues in divorce matters. 
    OUTCOME RANGE 
    Proprietary issues must include immovable property, moveable property, household goods, cash, investments, shares, pension and provident funds, retirement annuities, life and funeral policies, hospital and medical insurance and debts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Factual divorce matters are analysed in order to identify the applicable marital property regimes in the context of a given case study. 

    ASSESSMENT CRITERION 2 
    Property-related issues which need to be resolved in order to divide the joint estate are identified within the context of marriages in community of property. 

    ASSESSMENT CRITERION 3 
    The manner in which proprietorial issues are dealt with in divorce matters is identified in the context of marriages out of community of property, with the accrual system. 

    ASSESSMENT CRITERION 4 
    Factual divorce matters involving the accrual system are analysed in order to calculate the impact on each party's estate. 
    ASSESSMENT CRITERION RANGE 
    Divorce matters analysed must exclude complex financial assets and liabilities.
     

    ASSESSMENT CRITERION 5 
    Consequences of court orders for forfeiture of benefits, redistribution of assets and right of recourse are analysed in order to inform court users. 

    SPECIFIC OUTCOME 5 
    Analyse the concepts of custody, access, guardianship and maintenance in divorce matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Guardianship, custody and access are defined in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Competent orders which can be made by a court regarding guardianship, custody and access are explained in the context of divorce matters. 

    ASSESSMENT CRITERION 3 
    The role played by the family advocate to assist the court to resolve issues of custody, access and guardianship is analysed in the context of divorce matters. 

    ASSESSMENT CRITERION 4 
    Rule 32 applications are explained within the context of when such an application can be brought. 

    ASSESSMENT CRITERION 5 
    Kinds of maintenance awards are analysed in the context of divorce matters. 

    ASSESSMENT CRITERION 6 
    Factual divorce matters are analysed in order to identify disputes relating to custody, access, guardianship and maintenance. 

    SPECIFIC OUTCOME 6 
    Identify applications in divorce matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Practical circumstances requiring an application for substituted services is described in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Criteria under which a Rule 32 application can be brought are explained in the context of divorce matters. 

    ASSESSMENT CRITERION 3 
    Grounds on which an interim interdict can be brought are defined in order to inform court users. 

    ASSESSMENT CRITERION 4 
    Circumstances under which a variation or rescission application can be brought are explained in the context of divorce matters. 

    ASSESSMENT CRITERION 5 
    Circumstances under which a contempt of court application can be brought are explained in the context of a given case study. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The position and structure of divorce courts in South Africa.
  • The provisions of the Administration Amendment Act no 9 of 1929.
  • The provisions of the Divorce Act no 70 of 1979.
  • Procedures used in divorce court.
  • Mediation in divorce matters.
  • Proprietary issues in divorce matters.
  • Custody, access, guardianship and maintenance in divorce matters. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect and analyse information about court users' family law disputes and to facilitate an accurate diagnosis of their legal situation. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain legal terms, concepts and procedures to members of the public with divorce queries and problems. 

    UNIT STANDARD CCFO SCIENCE 
    Learners have acquired the generic ability to calculate accrual on the basis of financial information. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the delivery of divorce services as part of a larger justice system and legal framework of knowledge. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to analyse and interpret legal concepts to enrich their own knowledge base and to contribute to a more informed and accessible divorce court system in South Africa. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of divorce at a lower court level. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. JUSTICE COLLEGE 
    2. Legal Expenses Insurance SA 
    3. NENGWEKHULU TSHIWANDALANI INC 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.