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Changing the Divorce Law

The Gauteng High Court, Pretoria, has reserved judgment in an application that could significantly change the Divorce Act, to potentially pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage.

The relief sought by the wife in these proceedings is to have the law amended so that a court may order that any asset – or any sum of money – be transferred from one spouse to the other following a divorce.

As the law stands, the court has no power to exercise any discretion where marriages were concluded out of community of property with the exclusion of the accrual system after November 1, 1984.

Should you require any assistance or advice in impending divorce proceedings, contact our Family Law specialists at 041 363 6044 or for sound legal advice.

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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