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Free Guide to Hiring a Family Lawyer
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Find a Lawyer in ManziniA guide by LawzanaOfficial sources checked 28 October 2026.
This guide covers law and procedure in Eswatini.
You want to agree terms or bring a disputed civil divorce.
Assess the divorce ground, negotiate terms and prepare the court papers. [1] [7] [2]
High Court family division, which handles divorce and matrimonial causes.
Lawyer recommended
You married under Swazi law and custom and want the marriage formally dissolved.
Guide the customary dissolution procedure through the family court and relevant courts. [8]
Ordinarily, from the family court to a Swazi court, directly or through the chief’s court.
Lawyer recommended
You disagree about where a child should live or contact with the other parent.
Propose parenting arrangements and present evidence about the child’s welfare. [9] [3] [4]
Magistrate courts hear custody disputes; High Court rules also cover interim child custody and access.
Lawyer recommended
You need temporary maintenance or a contribution towards the costs of your matrimonial case.
Prepare financial evidence and request temporary maintenance or a contribution to litigation costs. [3] [5]
High Court matrimonial proceedings for temporary maintenance or contributions to case costs.
Lawyer recommended
You need to address shared property, asset management or a claim to forfeit marriage benefits.
Identify the property regime, assess asset claims and negotiate or seek appropriate court orders. [10] [11]
Spouses married under the Marriage Act 1964 in community of property have equal capacity and authority to administer marital property.
Lawyer recommended
A partner is threatening, harming or abusing you.
Prepare the protection application and explain the conduct and restrictions you want the court to address. [9]
Apply under the Sexual Offences and Domestic Violence Act, 2018 at your nearest magistrate court registry.
Lawyer recommended
Misconduct remains central to divorce. In Nyembe v Nyembe, adultery and malicious desertion were pleaded as grounds. For the intention element of malicious desertion, the defendant must have acted without good cause and with a fixed, settled intention to end the marriage relationship. [2] [11]
Read the summons deadline immediately. Under Rule 19, defendants in civil actions have at least 10 days after service, or 14 if they live more than 80 km from the court’s seat, subject to court directions. Missing the defence deadline risks an unopposed hearing. The High Court Rules permit an extension application after expiry and allow non-compliance to be condoned for good cause. [3] [12] [6] [13]
The procedure described in McConville v McConville requires the respondent to deliver a signed sworn reply within seven days of receiving the statement, with an address for service as required by sub-rule (3). Default automatically bars the respondent. The High Court Rules allow the court to condone non-compliance for good cause. [5] [6] [3]
In Tesar v Tesar, forfeiture is not automatic: it must be pleaded, argued and supported by analysis of evidence. Property already accrued to a party is not treated as a benefit in a claim for forfeiture of marriage benefits. [11]
In McConville v McConville, sub-rule (7) allows the court to vary its decision using the same procedure if either party’s circumstances, or a child’s circumstances, materially change, or if the contribution towards costs proves inadequate. [5]
Protection-order applications, child maintenance and custody matters. The court is at the corner of Mahleka and Martin Streets.
+268 2505 2296Sources: [9]
Submitting case pleadings to the registry at Hospital Hill, Mbabane.
+268 2404 2901Sources: [1]
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This is general information, not legal advice; check current laws, fees and procedures with a lawyer or the relevant official body.