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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 info@kaplans.co.za for sound legal advice.



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