Your property isn't safe from divorce - even with a contract

South Africa's family law is set to change significantly, with proposed changes that could affect how your property and other assets are divided in the event of divorce or death, even if you have an antenuptial agreement.

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Grant Smee, CEO of Only Realty Property Group, says this is one of the most substantial adjustments in matrimonial property law in some time.

"The goal is to promote fairer outcomes, particularly for spouses who made meaningful non-financial contributions to the marriage," he says.

According to Statistics SA, 130 806 civil marriages were registered in 2023 and while the figure is declining, Smee says marriage remains a commonplace institution in South Africa with significant legal implications for property ownership.

Justice and Constitutional Development Minister Mmamoloko Kubayi plans to table the General Laws (Family Matters) Amendment Bill in parliament this year.

Smee says this Bill follows the 2023 Constitutional Court ruling that called for greater equity in divorce and estate matters.