Married owner occupiers and matrimonial interdicts

Either spouse can apply to the court for a matrimonial interdict. Such an interdict can be granted either after one of the spouses has left the matrimonial home or while they are still cohabiting. [1] It can be used to restrain or prohibit particular conduct by one spouse towards the other or any conduct towards any child of the family. [2] For example, an interdict could prohibit violent behaviour or conduct that places the spouse and/or child in a state of fear and alarm.

Matrimonial interdicts granted on or after 4 May 2006 can also be used to prevent the non-applicant spouse from entering or remaining in: [3]

• the matrimonial home

• any residence, other than the matrimonial home, occupied by the applicant spouse

• any place of work of the applicant spouse

• any school attended by a child in the temporary or permanent care of the applicant spouse.

Interdicts can only be used to exclude the non-applicant spouse from the matrimonial home entirely when they are granted ancillary to an exclusion order. [4] For more information, please see the section on exclusion orders.

The court must, on application, attach a power of arrest to a matrimonial interdict made ancillary to an exclusion order. [5] However, a power of arrest can only be attached if the non-applicant spouse has had the opportunity of being heard and/or represented before the court. [6]