South Africa’s new divorce laws get the green light
12/1/20231 min read
The proposed Divorce Amendment Bill aims to rectify deficiencies in the existing Divorce Act, prompted by a Constitutional Court ruling that deemed the Act unconstitutional due to its exclusion of specific provisions and protections pertaining to Muslim marriages.
Previously, Muslim marriages were only recognized under Islamic law, lacking acknowledgment within civil law. Consequently, individuals within such marriages were unable to seek legal recourse for divorce through conventional courts. This oversight severely compromised the rights and welfare of Muslim women and children involved in these unions.
Furthermore, the existing legislation failed to address crucial aspects such as asset redistribution and the forfeiture of patrimonial benefits upon the dissolution of Muslim marriages, which were otherwise provided for in non-Muslim marital dissolutions.
The Divorce Amendment Bill seeks to address these shortcomings by implementing several key amendments:
Inclusion of a clear definition for Muslim marriages within the Act.
Establishment of provisions safeguarding the interests of dependent and minor children from Muslim marriages.
Introduction of mechanisms for asset redistribution following the dissolution of Muslim marriages.
Implementation of measures for the forfeiture of patrimonial benefits associated with Muslim marriages.
It's important to note, however, that the proposed amendments do not supersede the option for individuals seeking a religious divorce in accordance with Islamic law. Those desiring a religious divorce will still be required to adhere to Islamic legal procedures.