Justice Minister Mmamoloko Kubayi is preparing to introduce new divorce laws in South Africa by presenting the General Laws Amendment Bill, 2025, to Parliament.
These laws aim to implement changes mandated by the Constitutional Court, simplifying the process for spouses married out of community of property without accrual to receive their fair share in the event of divorce or death.
The proposed changes to South Africa’s divorce laws through the General Laws Amendment Bill could usher in a major shift in how marital property is divided, especially for spouses who have been left financially vulnerable after years of unpaid contributions to a marriage.
The amendments follow a 2023 Constitutional Court ruling that found it unconstitutional for spouses, often homemakers, married out of community of property without accrual to walk away with nothing after divorce or the death of their partner.
“It stems from a reform that aimed to protect spouses who were often left with nothing after divorce or death, despite years of non-financial contributions to the marriage,” Preller said.
He explained that the current law is especially harsh on spouses who stayed at home to raise children or manage the household while their partner advanced financially.
“Women in those circumstances would only have a maintenance claim in a long-lived marriage, which was completely unfair,” Preller added.
The issue stems from the cut-off date of 1 November 1984, when the Matrimonial Property Act came into effect.
Before that, a spouse could bring a “redistribution claim” to request a share of the estate in divorce. But marriages entered after that date without accrual offered no such remedy.
“All marriages now, after 1 November 1984, that spouse will now have a redistribution claim for assets in the divorce,” Preller said.
This redistribution right would also extend to cases involving death, not just divorce. Previously, if a spouse died without a will, the surviving spouse in a non-accrual marriage might be excluded entirely.
“It’s not only women. We see a lot of cases where the woman is the breadwinner,” he said. In those cases, a husband who played the homemaker role would also be eligible to claim redistribution.
