Big changes coming for divorces in South Africa
The Portfolio Committee on Justice and Correctional Services has opened the Divorce Amendment Bill for public comment.
The main purpose of the Bill is to provide an improved legislative framework for Muslim Marriages in South Africa and seeks to amend the Divorce Act of 1997.
In June 2022, the Constitutional Court said that the original divorce act was inconsistent with the Constitution as it excluded Muslim marriages.
The new Bill will provide mechanisms that will ensure the welfare of minor or dependent children born in Muslim Marriages.
It will also provide for the redistribution of assets following the conclusion of a Muslim marriage and provide for the forfeiture of patrimonial benefits.
Mogamad Ganief Hendricks, the leader of the Al Jama-Ah party, previously said that Muslim marriages and families have suffered greatly due to not having the same legal remedies offered in the Divorce Act.
The original Act also had a specific sector that unfairly discriminated against children of unmarried parents.
Key amendments in the Divorce Amendment Bill include:
- To insert a definition of a Muslim marriage,
- To provide for the protection and to safeguard the interests of dependent and minor children of a Muslim marriage.
- To provide for the redistribution of assets on the dissolution of a Muslim marriage
- To provide for the forfeiture of patrimonial benefits of a Muslim marriage.
Crucially, the Bill allows Muslim Marriages to end in terms of civil law, but Islamic Divorces can still take place.
The Department of Justice said that written submissions on the Divorce Amendment Bill must be sent to [email protected] by Friday, 8 September 2023.
This article has been updated to include the correct Divorce Amendment Bill. We previously used information from a Private Members Bill from Al Jama-Ah leader Ganief Hendriks. We apologise for the error.
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