Married tenants and matrimonial interdicts

This can be applied for either after one of them has moved out or while they are still living together. [1] A matrimonial interdict can be used to restrain the conduct of either spouse.

A matrimonial interdict can be used to restrain or prohibit particular conduct from one spouse to the other or any conduct towards any child of the family. [2] For instance, an interdict could prohibit violent behaviour or conduct that places the spouse and/or any child of the family in a state of fear and alarm.

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

• 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 keep the non-applicant spouse out of the matrimonial home when they are granted ancillary to an exclusion order. [4] For more information, please see the page on exclusion orders.

The court must, on application, attach a power of arrest to matrimonial interdicts made ancillary to exclusion orders. [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]