South Africa is preparing for a significant overhaul of its divorce law framework. Justice Minister Mmamoloko Kubayi has announced her intention to present the General (Family) Laws Amendment Bill, 2025 to Parliament. This legislative update seeks to address gaps identified by the Constitutional Court in 2023 — particularly in how financial entitlements are handled in divorces where spouses were married out of community of property without accrual.

The minister confirmed that she will soon submit the bill to the National Assembly, where it will begin the parliamentary process.

Amendments to the Divorce Act, Matrimonial Property Act, and Divorce Mediation Process

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.

In addition, the new bill will amend the Matrimonial Property Act of 1984, specifically to allow courts to order a transfer of assets when dissolving marriages that were entered into out of community of property prior to the Act’s implementation. This would affect both divorces and estates settled upon a spouse’s death.

Changes to the Mediation in Certain Divorce Matters Act will clarify the role of the Office of the Family Advocate, and include amendments to the long and short titles of the legislation as well as other related provisions.

Why Changes to the Divorce Act Are Necessary

The primary motivation behind these legislative changes comes from an October 2023 Constitutional Court ruling, which found that aspects of the current Divorce Act were unconstitutional and invalid. The judgment centred on the treatment of couples married out of community of property without accrual, a regime that currently leaves one party — often the financially vulnerable spouse — with no claim to the other's estate in the event of divorce or death.

Under an out of community of property marriage, each spouse maintains a separate estate, with no automatic right to share in the other’s assets — regardless of whether they contributed to household income, maintenance, or supported the growth of the other’s estate.

The Matrimonial Property Act, which came into effect in November 1984, introduced the concept of accrual. This legal mechanism allows couples who marry out of community of property to include an accrual system by agreement, thereby entitling each to a share in the growth of the other’s estate while still maintaining separation of ownership.

For couples married without accrual before 1984, courts were able to grant a redistribution order during divorce proceedings under limited conditions, thanks to earlier amendments to the Divorce Act. However, the Constitutional Court found that the current legislation fails to offer similar relief to couples married out of community of property without accrual after 1 November 1984, or in cases where such marriages end due to death — regardless of the date of death.

The proposed legal reforms aim to correct this imbalance and offer better financial protection to spouses left economically disadvantaged by this outdated structure.

How the Proposed Divorce Law Amendments Will Affect Vulnerable Spouses

With the introduction of the new bill, spouses who were married out of community of property without accrual, particularly in cases where they contributed indirectly to the estate’s growth, will now have the opportunity to claim a more equitable share during divorce or estate distribution proceedings.

This change will help address long-standing inequalities where one spouse — often a homemaker or caregiver — is left with little to no recourse after the breakdown of the marriage or the death of a financially dominant partner.
These updates to divorce law in South Africa will ensure that divorce lawyers and judges have clearer authority to award asset redistribution in cases where fairness demands it, even in the absence of accrual.

Further Reforms: Changes Following the Divorce Amendment Bill

If Parliament adopts the General (Family) Laws Amendment Bill, it will follow closely on the heels of another major legislative development: the Divorce Amendment Bill signed into law by President Cyril Ramaphosa last year.
That legislation introduced fundamental reforms to the handling of Muslim divorces in South African civil law — a longstanding issue that had been the subject of complex litigation.

In the landmark case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others, the Constitutional Court ruled that the existing Divorce Act was unconstitutional because it excluded Muslim marriages from legal recognition and remedy. Previously, couples married under Islamic law had no access to divorce through civil courts, and Muslim women, in particular, were left without any enforceable rights to matrimonial property or maintenance upon divorce.

This legal gap caused severe hardship for many families and especially for women, who often faced financial ruin when their marriages dissolved under Sharia law with no entitlement to patrimonial benefits.

Key Provisions Introduced by the Divorce Amendment Bill

The Divorce Amendment Bill brought several critical changes to ensure that Muslim marriages are fully recognised under South African law. These include:

• Inserting a legal definition of a Muslim marriage;
• Providing statutory protection for minor and dependent children of Muslim marriages;
• Enabling courts to grant redistribution of assets upon dissolution of a Muslim marriage;
• Authorising courts to order forfeiture of patrimonial benefits where applicable.

According to a statement from the Presidency, the legislative reform was vital to correcting longstanding discrimination within the legal framework, where those married under the Marriage Act had full legal remedies, while those married under Muslim rites were excluded.

What These Divorce Law Reforms Mean Going Forward

The changes proposed in the General (Family) Laws Amendment Bill, 2025, together with the Divorce Amendment Bill, represent a shift toward a more inclusive and equitable divorce system in South Africa. These reforms recognise that strict legal definitions of marriage regimes can, in practice, lead to unjust outcomes — especially for spouses who have made meaningful contributions to a marriage without being reflected on paper.

For those married in community of property, these changes may not directly apply — but for those who married out of community of property, particularly without accrual, the proposed laws could provide essential financial relief during divorce or estate winding up.

VDM Attorneys – Specialist Divorce Lawyers in Sandton

Legal reforms to the Divorce Act, Matrimonial Property Act, and related legislation mark an important turning point for family law in South Africa. Whether you’re planning to divorce, reviewing your matrimonial property regime, or navigating the estate of a deceased spouse, understanding these changes is critical to protecting your rights.

At VDM Attorneys, our team of experienced divorce lawyers offers guidance on divorce mediation, court representation, and aspects of estate planning — especially in cases involving complex property law issues or outdated marital regimes.

If you were married out of community of property without accrual and are unsure of your rights during a divorce or after the passing of a spouse, contact us for legal advice tailored to your situation.