What can we expect? In 2025, a new Marriage Bill is poised to rewrite decades of family law in South Africa. Initially introduced in December 2023, this landmark legislation aims to consolidate the Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998, and the Civil Union Act of 2006 into a simplified, […]
The Marriage Bill, currently awaiting approval by the National Assembly, seeks to introduce several changes. Here is what you need to know Reprinted from citizen.co.za, by Corne van Zyl – 2024-10-17 Pretoria residents should be aware that the Marriage Bill, currently awaiting approval by the National Assembly, seeks to consolidate and reform South Africa’s marriage […]
We’ve been following the Women’s Legal Centre Trust v President of the Republic of South Africa and Others (2022) case since the beginning, and have written extensively on the Divorce Amendment Bill, which will grant women in Muslim marriages the same rights on divorce as their compatriots in conventional unions. Although the Bill was signed […]
Divorce Act changes: Reprinted from BusinessTech, by Luke Fraser – 2024-05-09 President Cyril Ramaphosa has signed the Divorce Amendment Bill into law, bringing changes to Muslim divorces in South Africa. The amendment to the Divorce Act of 1979 comes after the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa […]
Reprinted from Business Tech, by Luke Fraser – 2024-02-28 The Divorce Amendment Bill has been passed by the National Council of Provinces and now only needs President Cyril Ramaphosa’s signature to become law. The Bill amends the Divorce Act, which the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa and […]
Reprinted from iol.co.za, by Mayibongwe Maqhina – 2024-01-27 The Department of Justice and Constitutional Development on Thursday said that it was cognisant of issues raised by civil society organisations for the need of reforms to the marriage laws. This after Cosatu and Nehawu made calls for the overhaul of marriage laws when they made written […]
Reprinted from SABCnews.com, by Nomsa Mazibuko – 2020-12-18 The country’s second-highest court says the Acts fail to recognise marriages under Sharia Law The Supreme Court of Appeal (SCA) in Bloemfontein has declared the Marriage Act 25 of 1961 and the Divorce Act 70 of 1979 to be inconsistent with sections of the constitution. The country’s second-highest court […]
Muslim marriages are still not recognised in South African law. What does this mean for interim maintenance in a divorce? Some time ago we wrote about Muslim marriages. Muslim and Hindu marriages, unlike customary marriages, are not governed by civil law in South Africa, although they are recognised as having the same rights, responsibilities and […]
