Latest news with #General(Family)LawsAmendmentBill
The South African
2 days ago
- Business
- The South African
If you're a woman and getting divorced here's GOOD news
South Africa's divorce laws are on the verge of a transformative shift, with the Department of Justice and Constitutional Development introducing a new bill that promises fairer outcomes for thousands of spouses – particularly women – married without accrual. The General (Family) Laws Amendment Bill, 2025, introduced by Justice Minister Mmamoloko Kubayi, aims to overhaul long-standing gaps in South Africa's matrimonial property regime, which have left many financially vulnerable in divorce or death. Currently, couples who married out of community of property and without the accrual system – common in unions after 1984 – have separate estates. In the event of divorce, the law provides no automatic right to share assets, even if one spouse made non-financial contributions, such as raising children or supporting a partner's career. For decades, this meant a spouse could leave a marriage with nothing, regardless of years of unpaid labour and emotional support. While courts could grant limited redistribution orders in some divorce cases, these excluded many marriages, especially older ones, and offered no relief in cases where a marriage ended due to death. The new bill addresses these inequalities head-on. It introduces redistribution rights in divorce proceedings for those previously excluded and, for the first time, allows asset claims when a marriage ends in death. This change follows a 2023 Constitutional Court ruling, which declared the existing system unconstitutional for discriminating against spouses – mostly women – who lacked financial bargaining power when entering marriage contracts. The legislation also proposes amendments to the Mediation in Certain Divorce Matters Act, expanding the role of the Family Advocate to better assist financially dependent spouses during divorce proceedings. This includes: Enhanced mediation support Legal guidance for non-earning spouses Protection for surviving spouses in intestate estates Legal experts say the changes will significantly help: Women married before the accrual system was common Homemakers or caregivers with no income Older South Africans whose marriages never accounted for financial inequality 'These reforms bring long-overdue justice to spouses who sacrificed careers or incomes for their families,' said family law specialist Lindiwe Mokoena. 'It levels the playing field for thousands who were previously sidelined by outdated laws.' The bill is now heading to parliamentary debate and public consultation, expected to take place in the coming months. If passed, it will modernise South Africa's divorce law, making it one of the most progressive in protecting vulnerable partners in the country's democratic history. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The South African
2 days ago
- Politics
- The South African
South Africa to get TWO new significant laws
South Africa's justice system is on the brink of significant reform as two landmark Bills – one targeting international fugitives and the other revolutionising divorce law – make their way through parliament. The Department of Justice and Constitutional Development, under newly appointed Minister Mmamoloko Kubayi, has introduced legislation aimed at aligning South Africa's legal framework with global standards while addressing domestic inequities in family law. At the heart of the reform is the International Co-operation in Criminal Matters Amendment Bill, which will allow South Africa to fully cooperate with international bodies such as the International Criminal Court (ICC) – a gap previously exposed in high-profile cases involving leaders like Omar al-Bashir and Vladimir Putin. The bill introduces audio-visual testimony from foreign witnesses and experts – modernising a system that, since 1996, has relied solely on in-person procedures. This change is expected to speed up investigations, reduce costs, and enhance accessibility. More significantly, the bill gives South African authorities the legal standing to arrest and extradite individuals at the request of international bodies, not just sovereign states. This closes a critical loophole that previously left the country in murky legal waters during global diplomatic stand-offs. Parallel to the international law changes, the General (Family) Laws Amendment Bill, 2025 aims to correct decades of inequality for South Africans – particularly women – trapped in unfair matrimonial regimes. The proposed legislation will allow for a fair redistribution of assets in divorces where couples were married out of community of property and without the accrual system introduced in 1984. It will also allow for redistribution claims when a spouse dies – an option previously unavailable under the law. These changes follow a 2023 Constitutional Court ruling that found the existing marriage laws to be unconstitutional, citing unfair economic consequences for non-working or caregiving spouses. The bill will further amend the Mediation in Certain Divorce Matters Act, expanding the role of the Family Advocate to better protect financially vulnerable individuals during divorce proceedings. This marks a move toward holistic family support, especially in cases involving older women who were unaware of the financial risks associated with their marriage contracts. Both bills are now on a legislative fast track, although public consultations and parliamentary debate are expected in the coming months. Legal experts have hailed the proposals as long-overdue, noting their potential to enhance justice, accountability, and fairness across the board. 'These changes represent a critical step in modernising our legal system,' said one Johannesburg-based family law attorney. 'We are finally giving voice to those previously sidelined – both in global justice and at home.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
