Fairer Divorces Ahead: South Africa’s Overhaul of Marriage Laws Brings Hope to Vulnerable Spouses

Divorce is never easy, but in South Africa, it’s about to get a lot fairer.

Justice Minister Mmamoloko Kubayi has confirmed plans to table the General (Family) Laws Amendment Bill, 2025, a proposal set to shake up South Africa’s outdated divorce laws. For many spouses—especially women—married out of community of property without accrual or under Muslim rites, this marks a long-overdue step toward justice.

While politicians debate the details in parliament, thousands of South Africans are quietly exhaling. These amendments carry real meaning for families who’ve felt left behind by the law.

Why Now? The Constitutional Court Forced the Issue

In October 2023, the Constitutional Court ruled that parts of the Divorce Act of 1979 were unconstitutional. The issue? It failed to protect spouses married out of community of property without accrual after 1 November 1984. These marriages, while legally valid, left financially dependent spouses—often homemakers—with no legal claim to a partner’s estate in divorce or even after death.

Before 1984, the only protection came via redistribution orders during divorce proceedings. But if your marriage happened after that and you didn’t opt into the “accrual system,” you were legally left with nothing—even if you spent decades building a home, raising kids, or supporting a spouse’s career.

That’s not just a legal technicality—it’s a social injustice that played out in real homes, across townships and suburbs alike.

What the New Bill Changes

The bill aims to update three core pieces of legislation:

• Divorce Act of 1979

• Matrimonial Property Act of 1984

• Mediation in Certain Divorce Matters Act of 1987

These updates would now allow a court to order a fair distribution of assets for marriages out of community of property without accrual, whether the marriage ends in divorce or death. This is especially vital for spouses who were never made aware of the accrual option—or who signed away rights without fully understanding them.

The Office of the Family Advocate will also receive clearer powers, allowing it to play a stronger role in resolving disputes involving children and assets.

Muslim Marriages Also Get Long-Awaited Recognition

This reform comes on the heels of another landmark shift: last year’s Divorce Amendment Bill, which for the first time gave Muslim marriages legal recognition under South African civil law.

Previously, Muslim women had little to no legal recourse in divorce—no claim to shared assets, and often no protection for children. This exclusion, ruled unconstitutional by the Constitutional Court, meant thousands of women were left destitute after religious divorces under Sharia law.

Thanks to a long court battle led by the Women’s Legal Centre Trust and a private member’s bill introduced by Al Jama-Ah leader Ganief Hendricks, the law now:

• Recognizes Muslim marriages

• Safeguards the interests of children

• Allows for asset redistribution

• Introduces forfeiture provisions to protect vulnerable spouses

For Muslim families, it’s a victory decades in the making. Hendricks said plainly, “Muslim families suffered greatly due to not having the same legal remedies.”

Cultural Context: A Legal System Catching Up with the Country

South Africa’s marriage landscape is more complex than ever. Couples marry in community of property, out of it, with accrual, without it, and increasingly outside the confines of traditional Western or religious structures.

Yet, for too long, our laws have treated some unions as second-class, particularly for women without formal employment or access to legal resources. In practice, this meant financial abuse could go unpunished, and contributions made within a marriage—emotional, parental, domestic—went uncompensated.

This reform doesn’t solve every problem in family law, but it’s a major step forward for gender equality and financial justice.

Social Media Response: Relief, Reflection, and a Few Questions

On X (formerly Twitter), reaction to the upcoming bill was swift.

“My mom was married out of community with no accrual for 30 years and walked away with nothing. It broke her. This change is necessary.” – @ReaKhumoSA

“Good that Muslim marriages are being recognized. We’ve been ignored too long.” – @Zaynah_Rash

Others raised concerns about implementation: Will courts move quickly? Will legal aid be accessible? For many lower-income spouses, access to justice remains a challenge.

Divorce is Personal, and Now the Law Is Catching Up

Divorce is deeply personal. It’s about heartbreak, survival, and rebuilding lives. For too long, South African law made that process even more painful for those married under outdated or unequal systems.

Minister Kubayi’s promise to table the bill “shortly” offers hope that parliament is finally listening and that thousands of spouses may one day leave a marriage with dignity, and a fair share of what they helped build.

As South Africa continues to modernize its marriage laws, one thing is clear: equality in love must be matched by equality in law even when the love ends.