A summary of some of the important provisions of our divorce laws.

With due acknowledgement to the Law Society of South Africa


Some other provisions of the Act

  • Divorce
    Protection is given to a husband or wife who married before 1 November 1984 out of community of property and who may find that the other spouse has built up or maintained a larger estate with the direct or indirect help of the former. The court has the discretion to transfer part of the assets of one spouse to the other as the court deems just.
  • Donations:
    The abolition of the prohibition on donations between spouses: a donation from one to the other is no longer revocable as it was in the past. Such donations will, however, still be subject to provisions of the Insolvency Act.
  • Claims:
    Husband and wife will, in exceptional cases, be entitled to institute a claim against each other even if they are married in community of property, such as in the case of motor vehicle accidents.
  • Household requirements:
    Persons married according to the accrual system or otherwise agreed on complete separation of property, much both contribute to the joint household. According to marriages contracted after 1 November 1984, where one party contributes more than his or her share, he or she will only be able to claim a refund of the excess if this has been agreed on beforehand.
  • Estate Planning:
    The Act creates new opportunities regarding estate planning. Your attorney will provide you with the necessary information.

This brochure is a short synopsis of the most important aspects of the Act. For detailed information you are urged to consult your attorney. He or she will look after your interests.

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