Big Changes Ahead for Divorce Law in South Africa

South Africa is set to overhaul its divorce laws with the upcoming General Laws Amendment Bill, 2025, introduced by Justice Minister Mmamoloko Kubayi. The bill responds to a Constitutional Court ruling declaring it unconstitutional for spouses—particularly homemakers—married out of community of property without accrual to walk away empty-handed after divorce or death.

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Key changes include:

• Spouses in non-accrual marriages will now be able to claim a redistribution of assets, acknowledging unpaid contributions like childcare and home management.

• These rights will apply to both divorce and death cases, though not retrospectively.

• The change may lead to more contested divorces, as redistribution rights only apply during trials, not settlements.

While the law is gender-neutral, it’s expected to significantly benefit women and vulnerable partners in unequal financial relationships. However, asset shielding through trusts and exclusions remains a challenge.

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The role of mediation:

With the anticipated rise in contested divorces, mediation offers a constructive alternative to litigation. It allows couples to explore fair and practical solutions in a less adversarial setting. Trained mediators can help spouses reach agreements on asset redistribution, maintenance, and parenting plans - while keeping costs lower and reducing emotional strain.

Mediation empowers both parties to be heard and take ownership of the outcome, which is especially valuable when navigating the complexities introduced by the new legal framework. Be part of the change, register to become a family law mediator today.

Register Today