Z v Z

The appellant (mother) and respondent (father) were married in 1995 and had two children born in 1997 and 1999. Although both children had reached the age of majority, they were still financially dependent on their parents. Following the breakdown of the marriage and the father leaving the matrimonial home in 2018, the mother instituted divorce proceedings in 2019 and claimed maintenance for herself and for the two adult dependent children. The father raised a special plea, contending that because the children were majors, only they had locus standi to claim maintenance in their own names, and that the mother lacked standing to claim maintenance on their behalf. The High Court upheld the special plea and ordered the joinder of the adult children. The mother appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and replaced with an order dismissing the father’s special plea with costs.

The judgment resolves conflicting High Court authority and authoritatively confirms that parents have locus standi to claim maintenance for adult dependent children in divorce proceedings. It strengthens the protection of young adult dependants, promotes gender equality, and ensures that divorce courts comprehensively regulate maintenance issues without forcing adult children into adversarial litigation against their parents.