The Portfolio Committee on Justice and Correctional Services has opened the Divorce Amendment Bill for public comment. <\/p>\n\n\n\n
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. <\/p>\n\n\n\n
In June 2022, the Constitutional Court said that the original divorce act was inconsistent with the Constitution as it excluded Muslim marriages. <\/p>\n\n\n\n
The new Bill will provide mechanisms that will ensure the welfare of minor or dependent children born in Muslim Marriages. <\/p>\n\n\n\n
It will also provide for the redistribution of assets following the conclusion of a Muslim marriage and provide for the forfeiture of patrimonial benefits. <\/p>\n\n\n\n
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. <\/p>\n\n\n\n
The original Act also had a specific sector that unfairly discriminated against children of unmarried parents. <\/p>\n\n\n\n
Key amendments in the Divorce Amendment Bill include:<\/p>\n\n\n\n
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Crucially, the Bill allows Muslim Marriages to end in terms of civil law, but Islamic Divorces can still take place.<\/p>\n\n\n\n
The Department of Justice said that written submissions on the Divorce Amendment Bill<\/a> must be sent to divorce@parliament.gov.za by Friday, 8 September 2023. <\/p>\n\n\n\n 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<\/em>. We apologise for the error<\/em>. <\/p>\n\n\n\n
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