Our firm has over 15 years of experience in finalizing divorce matters. We all know divorces can be stressful for an individual, financially and emotionally. We are committed to resolving your divorce in the quickest and most beneficial way possible.
In order to provide innovative and effective legal services, we make it our duty to stay informed of the latest developments in legislation.
The Constitutional Court recently delivered two groundbreaking judgements in separate cases which shed light on gender and religious discrimination in divorce proceedings.
Individuals who are married out of community of property without the accrual system will now be entitled to claim redistribution of assets despite having entered and signed an antenuptial contract. It is worthy noting that such a redistribution claim is not an automatic entitlement but is subject to proof of indirect or direct contributions to the estate. Courts are given wide discretion in these determinations which may differ from case to case.
The Constitutional Court has declared the exclusion of Muslim marriages from the Divorce Act to be unconstitutional and discrimination based on religion which is in direct contravention of the South African Bill of Rights. The Divorce Act will now include a definition for Muslim marriage and will allow people in Muslim marriages to get divorced in terms of civil law.