How the bill could change divorce outcomes

FINANCIAL STRUCTURE

- ANASHYA JUGMOHAN

THE General Laws (Family Matters) Amendment Bill, set to be tabled in Parliament, represents one of the most meaningful shifts to South African family law in decades.

If enacted, it will give courts the discretion, in very limited circumstances, to redistribute assets upon divorce — even where the parties signed an antenuptial contract excluding community of property and the accrual system.

This potential reform has sparked widespread discussion, particularly about what it means for women - especially those who have been homemakers - who often face divorce or widowhood with no claim to assets built during the marriage. There is, however, also widespread misunderstanding and misinformation about the implications of the bill.

How does the law currently work?

When couples marry out of community of property without accrual, they effectively agree that:

This arrangement is common in second marriages, where parties want to protect existing assets, and among professionals who want clear financial separation.