South Africa set for new changes to divorces
A shake up was needed in the law of marriage and divorce.
South Africa is set for major changes with regards to anyone getting divorced.
The North Gauteng High Court has declared Section 7(3)(a) of the Divorce Act inconsistent with the Constitution.
Section 7(3) of the Divorce Act deals with the division of assets for couples married out of community of property. However, Section 7(3)(a) lays out different rules for marriages that took place after the Matrimonial Property Act came into effect on 1 November 1984.
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Individuals that are married out of community of property without accrual will now be able to ask the court for a redistribution of assets. This is besides the content of a signed antenuptial contract.
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According to Kavita Kooverjee, an attorney at Schoeman Law, the onus will be on the individual spouse to prove that they directly or indirectly contribute to the other spouse’s estate when instituting Section 7(3).
The judgement that has been brought forward also creates a balance for unfair marriage contracts, where people enter into marriages not knowing the unfair discrimination presented to them.
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