Proposed amendments aim to empower women

RIGHTFUL SHARE

- CANDICE SOOBRAMONEY

IN A PIVOTAL move aimed at modernising South Africa’s family law framework, Mmamoloko Kubayi, the Minister of Justice and Constitutional Development, recently announced plans to table the General (Family) Laws Amendment Bill, 2025, in the National Assembly.

The bill, expected to be introduced soon, seeks to amend several key legislations governing marriage and divorce, notably the Divorce Act, Matrimonial Property Act, and the Mediation in Certain Divorce Matters Act.

According to the Government Gazette, the amendments come in light of the need to address various complexities arising from contemporary family structures, and to ensure fair and equitable treatment of parties involved in divorce proceedings.

Specifically, the bill proposes consequential changes to the Divorce Act of 1979, which will align its provisions with updates made to the Mediation in Certain Divorce Matters Act, 1987.

This includes new stipulations regarding the transfer of assets in divorce cases, especially concerning marriages entered into before the Matrimonial Property Act of 1984 was enacted.

One of the notable features of the proposed legislation is the decision to enhance the Matrimonial Property Act, 1984.

The bill aimed to facilitate the distribution of matrimonial property specifically for marriages concluded out of community of property, particularly upon dissolution of marriage due to death, thereby recognising the rights of surviving spouses.