During the past few decades there has been a breakdown in the commitment to long term relationships, with no fault divorce laws making it easier for couples to obtain a divorce resulting in increase in divorce rates. Research has shown that in acrimonious divorces with high levels of conflict children often get caught in the middle of their parents’ enduring battles. These children are often prevented from or encouraged not to have contact with their non residential parent. The term parental alienation is used to describe this phenomenon. A qualitative study focusing on the personal experiences of South African fathers who seem to be victims of parental alienation, will be examined and discussed from the perspective of systems theory. / Psychology / M.A. ( Psychology)

Bibliotherapy has been used as a therapeutic technique to assist clients to deal with a range of different issues in group as well as individual contexts. In this study, bibliotherapy has been used as an intervention to help six pre-adolescent children in a group setting deal with bereavement following their parents’ divorce. A qualitative research design has been implemented in which an individual pre-therapy interview was conducted with each participant to determine their issues related to their parents’ divorces, coping strategies employed as well as level of English proficiency before an appropriate book was selected. After five group sessions in which bibliotherapy and associated activities were used, each participant was interviewed individually to determine the success of the use of bibliotherapy in this intervention. According to the results, bibliotherapy can be successful in a group context to help pre-adolescents deal with their parents’ divorce. / Psychology of Education / M. Ed. (Guidance and Counselling)

This study focused on the experiences of professionals in drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context. The primary aim of the study was to explore the participants’ personal and professional experiences through an in-depth and sensitive inquiry. The data was collected from five participants using face-to-face, semi-structured interviews. The interviews were analysed using thematic analysis. The results of this study indicate that professionals experience various challenges when working with high-conflict separating and divorcing families. The participants also shared their perceptions regarding parenting plans. Further research on the challenges specific to drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context is recommended / Psychology / M.A. (Clinical Psychology)

The global rise in divorce since the 1960s has brought into question the idealised view of the nuclear family which has for centuries been awarded special status in western societies and has been regarded as the primary social institution. According to contemporary research parental divorce has become a reality for every one in six children in South Africa. Until recently, little consideration had been given to how divorce affects black South African families, as it was considered to be an occurrence which only took place in white, mainly middle-class, families. The proportion of black South African couples divorcing has been increasing over the past decade, and in 2008 was said to contribute to 35% of all divorce in South Africa. Most research to date on the children of divorce has focused on young white children and adolescents and is largely concerned with those who have found parental divorce particularly difficult, and are manifesting adjustment and other behavioural problems. The research which has been done on the effects of parental divorce on young adults focuses mainly on clinical studies with middle-class families based either in the United States or in the United Kingdom. This research, using an experience-centred, life-story narrative approach, explores the stories which young black South African adult women between the ages of 18 and 25 tell, to give account to the ways in which recent parental divorce has affected their lives, views on family life, and what it has meant to them. The use of an experience-centred, life-story narrative approach allows for a process of rupture, acceptance and re-storying to be accounted for, as the participant’s narrative shifts from past, to present and the future. Five young black women from a South African university each participated in two narratively sequenced semi-structured interviews based on McAdams’ personal narratives protocol, which includes six core themes, namely: Key Events, Significant People, Stresses and Problems, Personal Meanings and Life-Lessons, Future Script, and Life Theme. Crossley’s narrative analysis was then used to identify emergent themes and images in each individual narrative, after which they were woven together into a coherent story linked to previous literature. This study found that divorce involves a highly complex transition and reconfiguration process perhaps not fully accounted for in the existing idea and images associated with it. Despite being young adult women who had moved away from home and were engaged in their own lives, it became apparent that parental divorce was still a difficult and complicated experience, but that it is possible to tell both pessimistic and optimistic stories of parental divorce and its consequences.

During the past few decades there has been a breakdown in the commitment to long term relationships, with no fault divorce laws making it easier for couples to obtain a divorce resulting in increase in divorce rates. Research has shown that in acrimonious divorces with high levels of conflict children often get caught in the middle of their parents’ enduring battles. These children are often prevented from or encouraged not to have contact with their non residential parent. The term parental alienation is used to describe this phenomenon. A qualitative study focusing on the personal experiences of South African fathers who seem to be victims of parental alienation, will be examined and discussed from the perspective of systems theory. / Psychology / M.A. ( Psychology)

Bibliotherapy has been used as a therapeutic technique to assist clients to deal with a range of different issues in group as well as individual contexts. In this study, bibliotherapy has been used as an intervention to help six pre-adolescent children in a group setting deal with bereavement following their parents’ divorce. A qualitative research design has been implemented in which an individual pre-therapy interview was conducted with each participant to determine their issues related to their parents’ divorces, coping strategies employed as well as level of English proficiency before an appropriate book was selected. After five group sessions in which bibliotherapy and associated activities were used, each participant was interviewed individually to determine the success of the use of bibliotherapy in this intervention. According to the results, bibliotherapy can be successful in a group context to help pre-adolescents deal with their parents’ divorce. / Psychology of Education / M. Ed. (Guidance and Counselling)

Submitted if fulfilment of the requirements for the degree of Master of Arts in the Department of Sociology at the University of Zululand, 2003. / The sole purpose of this research is to determine the effects of divorce in a South African Community with specific reference to Esikhawini Area in Kwazulu-Natal. The effect that divorce has on both parents and children is that, it is fearful and insecure with loyalty conflicts. In South Africa however the high divorce rate has just escalated greatly and this has an effect on government funds because the government is supposed to control the family structure and a fixed budget for children support services for the abandoned children or unemployed mothers. Furthermore there is a great need for counselling services for children at Esikhawini since, there are problems of juvenile delinquency, deviant behavior and school drop outs. Our country's divorce rate is an indication of the quality of our family life. Social workers and psychologists provide the divorce court with the back ground information or reports especially where there are children involved. Children of divorced parents show an increase in dependancy over time and exhibited less sustained play then children of intact families. Children need emotional, physical, moral and financial support which are usually provided by the different organizations for example church, helpful community members and welfare agencies from the government. The state has an obligation to support divorced parents and abandoned children by introducing the divorce therapy programmes in order to reduce hatred, anger and depression to those who are affected. Welfare agencies and day care centers are available in Esikhawini Department of Welfare and pension. The researcher has consulted the records at Ongoye Magistrate's Institutions such as those of social workers, maintenance court and find out that there is a huge number of divorce cases reported to them by the victims of divorce. The study explores and describes the effects of divorce with reference to Esikhawini area of Empangeni. It also explores if children are informed about the pending divorce as well as arrangements made concerning the visits by parents who loose the custody of the children. Counselling should not be omitted per - se in due to the fact that it plays a significant role in the building up of the individuals self esteem or helplessness. The population under study is caught between the traditional and the modem standard of living because of social changes. The first chapter, which is mainly introductory serves as an eye-opener for the thesis. The researcher succinctly shows in that chapter, that the effects of divorce might affect the child's academic performance and so many other aspects of life. The researcher continues to state what motivated him to carry out the study. A statement of the problem, the historical background of the place under study, the aims and objectives of the stud}', die hypothesis. the methodology are outlined. Chapter two presents the scholarship review of the study. Chapter three focuses on the methods that was used to obtain results from the respondents. In the same manner, chapter four focuses on the interpretation of data obtained after the respondents had answered the questionnaires. Chapter five gives the recommendations and also a brief conclusion that sums up the argument of the thesis. This study has explained and described divorce as an act which affects the lower and higher socio-economic residents of Esikhawini. The study also came up with the assumption that divorce occurs more to couples staying with the extended family than to couples staying alone and this assumption was tested and confirmed by the study. The conclusion also sums up the findings of the study that this population lives the modern style of life.

Text in Afrikaans with summaries in Afrikaans and English / For many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed in our legal system. It appears further that our adversarial legal system tends to heighten the conflicting interests of individual family members at divorce and to encourage animosity and irreconcilability. In an attempt to ameliorate the harsh consequences of the adversarial legal system at divorce, two no-fault grounds for divorce were introduced to enable divorcing spouses to make the decision about the termination of their marriage themselves. This greater freedom that no-fault divorce afforded parties quickly led to a demand for a new system of dispute resolution at divorce. The Hoexter Commission consequently, recommended the establishment of a family court with a social component where mediation services are offered. In both Australia and New Zealand the introduction of no-fault divorce was attended by the establishment of family courts where mediation services are offered. In mediation the parties involved, with the assistance of an impartial third, may sort out and find solutions to all their divorce-related problems. It also appears that mediation has always played a prominent role in the resolution of family disputes in the indigenous communities of South Africa. Owing to financial restrictions, South Africa is still without a family court. So far, only the Mediation in Certain Divorce Matters Act 24 of 1987 has emanated from the recommendations of the Hoexter Commission. This Act, which provides for the institution of enquiries by the office of the family advocate to determine the best interests of children at divorce, professes in its title to have introduced mediation as an alternative system of dispute resolution at divorce. From the contents of the Act it is apparent, however, that it provides for mediation only in a very limited sense. Consequently, it is necessary to amend this Act to make provision for real, comprehensive and accessible mediation services for the public in all family law disputes. This amendment could best be achieved by regulating existing private and community mediation services and integrating them into the formal legal process. / Egskeiding is baie jare lank as 'n regsprobleem beskou wat in ons adversatiewe stelsel van litigasie uitsluitlik deur die howe uitgestryk moes word. Egskeiding behels egter ook maatskaplike probleme wat nie deur ens regstelsel ondervang word nie. Ons adversatiewe regstelsel verskerp boonop die teenstrydige belange van individuele gesinslede by egskeiding en moedig verbittering en onversoenlikheid aan. Weens die probleme wat die skuldbeginsel en die adversatiewe stelsel vir gades met huweliksprobleme en vir die egskeidingsproses in die algemeen veroorsaak het, is twee skuldlose egskeidingsgronde in 1979 ingevoer wat aan gades wat wil skei, groter inspraak en seggenskap in die hele proses gegee het. Hierdie groter vryheid wat skuldlose egskeiding meegebring het, het spoedig 'n behoefte aan 'n nuwe stelsel van dispuutbeslegting by egskeiding geskep. Die Hoexterkommissie het gevolglik aanbeveel dat 'n gesinshof met 'n maatskaplike komponent ingestel word waarby onder andere bemiddelingsdienste beskikbaar meet wees. In sowel Australie as Nieu-Seeland het die invoering van skuldlose egskeiding inderdaad gepaardgegaan met die instelling van gesinshowe waar bemiddelingsdienste beskikbaar is. In die bemiddelingsproses kan mense self, maar met die bystand van 'n onpartydige derde, al hulle probleme by egskeiding uitsorteer en oplos. Dit blyk verder dat bemiddeling nog altyd 'n prominente rol by die beslegting van gesinsgeskille in inheemsregtelike gemeenskappe in Suid-Afrika gespeel het. Weens finansiele beperkings is Suid-Afrika nog steeds sonder 'n gesinshof. Al wat tot dusver uit die Hoexterkommissie se aanbevelings voortgevloei het, is die Wet op Bemiddeling in Sekere Egskeidingsaangeleenthede 24 van 1987 wat daarvoor voorsiening maak dat die kantoor van die gesinsadvokaat by egskeiding ondersoeke na die beste belange van kinders kan instel. Alhoewel die titel van die Wet voorgee om vir bemiddeling as 'n alternatiewe stelsel van dispuutbeslegting by egskeidng voorsiening te maak, blyk dit uit die inhoud van die Wet dat dit bloot vir 'n baie beperkte vorm van bemiddeling voorsiening maak. Dit is gevolglik nodig dat hierdie Wet gewysig word om by alle familieregtelike kwessies vir ware, omvattende en toeganklike bemiddelingsdienste aan die publiek voorsiening te maak. Die geskikste wyse waarop dit bewerkstellig kan word, is om bestaande private en gemeenskapsbemiddelingsdienste te reguleer en in die formele regsproses te integreer. / Private Law / LL.D.

Text in Afrikaans, abstract in Afrikaans and English / Egskeiding is baie jare lank as 'n regsprobleem beskou wat in ons adversatiewe stelsel van litigasie uitsluitlik deur die howe uitgestryk moes word. Egskeiding behels egter ook maatskaplike probleme wat nie deur ons regstelsel ondervang word nie. Ons adversatiewe regstelsel verskerp boonop die teenstrydige belange van individuele gesinslede by egskeiding en moedig verbittering en onversoenlikheid aan. Weens die probleme wat die skuldbeginsel en die adversatiewe stelsel vir gades met huweliksprobleme en vir die egskeidingsproses in die algemeen veroorsaak het, is twee skuldlose egskeidingsgronde in 1979 ingevoer wat aan gades wat wil skei, groter inspraak en seggenskap in die hele proses gegee het. Hierdie groter vryheid wat skuldlose egskeiding meegebring het, het spoedig 'n behoefte aan 'n nuwe stelsel van dispuutbeslegting by egskeiding geskep. Die Hoexterkommissie het gevolglik aanbeveel dat 'n gesinshof met 'n maatskaplike komponent ingestel word waarby onder andere bemiddelingsdienste beskikbaar moet wees. In sowel Australie as Nieu-Seeland het die invoering van skuldlose egskeiding inderdaad gepaardgegaan met die instelling van gesinshowe waar bemiddelingsdienste beskikbaar is. In die bemiddelingsproses kan mense self, maar met die bystand van 'n onpartydige derde, al hulle probleme by egskeiding uitsorteer en oplos. Dit blyk verder dat bemiddeling nog altyd 'n prominente rol by die beslegting van gesinsgeskille in inheems regtelike gemeenskappe in Suid-Afrika gespeel het. Weens finansiele beperkings is Suid-Afrika nog steeds sonder 'n gesinshof. Al wat tot dusver uit die Hoexterkommissie se aanbevelings voortgevloei het, is die Wet op Bemiddeling in Sekere Egskeidingsaangeleenthede 24 van 1987 wat daarvoor voorsiening maak dat die kantoor van die gesinsadvokaat by egskeiding ondersoeke na die beste belange van kinders kan instel. Alhoewel die titel van die Wet voorgee om vir bemiddeling as 'n alternatiewe stelsel van dispuutbeslegting by egskeidng voorsiening te maak, blyk dit uit die inhoud van die Wet dat dit bloot vir 'n baie beperkte vorm van bemiddeling voorsiening maak. Dit is gevolglik nodig dat hierdie Wet gewysig word om by alle familieregtelike kwessies vir ware, omvattende en toeganklike bemiddelingsdienste aan die publiek voorsiening te maak. Die geskikste wyse waarop dit bewerkstellig kan word, is om bestaande private en gemeenskapsbemiddelingsdienste te reguleer en in die formate regsproses te integreer. / For many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed in our legal system. It appears further that our adversarial legal system tends to heighten the conflicting interests of individual family members at divorce and to encourage animosity and irreconcilability. In an attempt to ameliorate the harsh consequences of the adversarial legal system at divorce, two no-fault grounds for divorce were introduced to enable divorcing spouses to make the decision about the termination of their marriage themselves. This greater freedom that no-fault divorce afforded parties quickly led to a demand for a new system of dispute resolution at divorce. The Hoexter Commission consequently, recommended the establishment of a family court with a social component where mediation services are offered. In both Australia and New Zealand the introduction of no-fault divorce was attended by the establishment of family courts where mediation services are offered. In mediation the parties involved, with the assistance of an impartial third, may sort out and find solutions to all their divorce-related problems. It also appears that mediation has always played a prominent role in the resolution of family disputes in the indigenous communities of South Africa. Owing to financial restrictions, South Africa is still without a family court. So far, only the Mediation in Certain Divorce Matters Act 24 van 1987 has emanated from the recommendations of the Hoexter Commission. This Act, which provides for the institution of enquiries by the office of the family advocate to determine the best interests of children at divorce, professes in its title to have introduced mediation as an alternative system of dispute resolution at divorce. From the contents of the Act it is apparent, however, that it provides for mediation only in a very limited sense. Consequently, it is necessary to amend this Act to make provision for real, comprehensive and accessible mediation services for the public in all family law disputes. This amendment could best be achieved by regulating existing private and community mediation services and integrating them into the formal legal process. / LL. D. (Private Law) / Private Law

The drastic readjustments brought on by the ending of a love relationship make divorce one of the most stressful events that divorced persons may face. Divorced persons often experience the negative consequences of divorce including, amongst others, an increased level of unhappiness, greater physical and psychological distress, less support systems, lower life satisfaction, elevated risk of suicide, asocial behavioural problems, and a decline in the standard of living. Therefore, expounding on the nature of social work services to divorced persons and determining divorced persons’ needs with regard to social work services were of critical importance in order to develop guidelines that would inform social work practice and social welfare policies. A qualitative research approach was employed, guided by an explorative, descriptive, and contextual research design. A sample of 20 participants, comprising10 divorced persons (males and females) from different ethnic groups and 10 social workers employed at different organisations (including governmental, non- governmental and private practice) in the Gauteng Province of South Africa, was drawn through purposive and snowball sampling. Data was collected by means of semi-structured interviews and analysed following Tesch’s eight steps (in Creswell 2009:186) framework. Guba’s model (Krefting 1991:215-222) was applied for data verification. Amongst others, the study found that divorced persons experience loneliness, stigma, financial hardships, lack of support, loss of self-esteem and companionship, loss of trust in the opposite sex, anger, regret, suicidal thoughts, rejection, challenges related to children, and post-divorce adjustments. Most of the divorced persons did not know about the social work services available to them. There are social workers employed at different organisations who provide mediation and parenting plan services to divorced persons, but most of them do not deal with cases related to divorced persons. Although there are social workers who believe that the counselling services provided to divorced persons are helpful, most of them were not entirely satisfied and feel that they could do more by involving group work and community work methods of social work practice. Based on the research findings, recommendations pertaining to social work practice, social work training and education, social welfare policy, and further research were put forward. / Social Work / PhD. (Social Work)