Legal Articles

Divorce in community of property usually means a 50/50 split. Learn how Section 9 of the Divorce Act allows an unequal division when one spouse is deceitful.

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In a community of property divorce, all assets and debts are split 50/50. Learn what this means for property, pensions, and debt from VDM Attorneys.

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Learn if you can exclude assets in a community of property marriage. Discover how antenuptial contracts, wills, or trusts protect family assets in South Africa.

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What happens if you die without a will in South Africa? Learn how intestate succession affects your spouse, children, and blended family.

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Worried about losing custody in divorce because you earn less than your husband? South African law protects mothers and puts children’s best interests first.

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Divorce doesn’t end parenting. Learn how South African co-parenting agreements work and how the law always puts the child’s best interests first.

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Divorce is never simple—but when one spouse is mentally ill or in a prolonged state of unconsciousness, the legal and ethical questions become far more complex. Can a person in such a vulnerable condition be divorced? And if so, are there any safeguards in place to protect them from being financially or legally exploited?

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South African courts will only dissolve a marriage under very specific circumstances. Either the relationship has broken down so completely that there is no chance of restoration, or one spouse is suffering from mental incapacity or continuous unconsciousness that makes the continuation of the marriage untenable. 

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A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.

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The proposed legislation aims to introduce changes to several existing laws that govern divorce in South Africa, starting with key revisions to the Divorce Act of 1979. These amendments are designed to align with updates made to the Mediation in Certain Divorce Matters Act of 1987, particularly in addressing how financial redistribution is handled after a decree of divorce.

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