Join on WhatsApp
Get the latest updates directly on WhatsApp – motivation, news & more!
Join On WhatsApp
In a landmark step toward family law reform, South Africa is on track to introduce major changes to how divorces are handled especially for spouses left financially vulnerable after separation. The Department of Justice is expected to table the General (Family) Laws Amendment Bill of 2025 in Parliament, a progressive move aimed at closing longstanding gaps in South Africa’s marriage legislation.
Addressing Decades of Inequality
One of the most significant shifts in the proposed legislation concerns marriages “out of community of property without accrual.” In these marriages, each spouse retains separate ownership of their property and unless otherwise agreed, there’s no legal right to share in any wealth accumulated during the union.
This arrangement has often left spouses particularly women financially stranded after divorce, even if they contributed to the marriage through unpaid work like child-rearing or managing the household. With no legal recognition of their contribution, many walked away with nothing.
The planned reform comes after the Constitutional Court ruled in 2023 that this legal framework unfairly discriminates against financially dependent spouses, violating their constitutional rights. The new bill aims to create a legal pathway for courts to intervene and ensure a more equitable distribution of assets.
Updating Outdated Laws
The bill proposes crucial updates to several older laws, including:
- The Divorce Act of 1979
- The Matrimonial Property Act of 1984
- The Mediation in Certain Divorce Matters Act of 1987
These amendments will give courts the power to redistribute assets in certain non-accrual marriages, particularly where one spouse can show they made non-financial contributions that supported the marriage or the financial success of the other partner.
Strengthening the Role of the Family Advocate
Another key focus of the bill is strengthening the Office of the Family Advocate, which plays a critical role in safeguarding the interests of children and vulnerable spouses in divorce proceedings. The proposed changes would expand the office’s responsibilities and give it more tools to help resolve complex family disputes fairly.
Recognising Muslim Marriages
In another significant development, the bill builds on the Divorce Amendment Act passed in 2024, which officially recognised Muslim marriages within South Africa’s legal framework.
For decades, Muslim marriages were not covered by the country’s civil marriage laws, leaving many spouses particularly women without legal protection during divorce. The 2024 amendment changed this by granting Muslim spouses equal rights under divorce law, including access to maintenance, property redistribution, and protection for children.
The new 2025 bill seeks to strengthen these reforms, ensuring that religious marriages enjoy the same legal recognition and protection as civil marriages.
A Step Toward Fairness
Legal experts and women’s rights groups have welcomed the proposed changes, calling them a long-overdue correction to systemic imbalances in marriage and divorce law.
“These reforms reflect the reality of modern relationships,” said a family law attorney based in Johannesburg. “Many marriages today involve unpaid contributions that are just as valuable as financial ones. Recognising that in law is a huge step toward fairness.”
What This Means for South African Couples
If the General (Family) Laws Amendment Bill passes in its current form, it could have far-reaching effects for married couples across the country. Here’s what to expect:
- Spouses in non-accrual marriages could now apply for a share of assets if they can prove meaningful contributions.
- Muslim couples will have access to civil divorce protections, including property and child custody rights.
- The Family Advocate will play a stronger role in promoting fair settlements and protecting vulnerable family members.
- Outdated legal language and procedures will be modernised for easier understanding and fairer application.
For many South African families, this bill represents more than legal reform it’s a recognition that the law must keep pace with changing societal norms and protect those who are often left behind.
As the bill moves through Parliament in the coming months, public interest and debate are expected to intensify. If passed, these reforms could mark one of the most progressive overhauls of family law in South African history.
Official Reference:
For updates and the full text of the General (Family) Laws Amendment Bill 2025, visit the Department of Justice and Constitutional Development or the Parliament of South Africa.
