A HOUSE DIVIDED?

Proposed tweaks to family law will have a big impact

- BY GIVEN MAJOLA

THE way one's property - and other assets - are divided in the event of divorce or death, even if there is an antenuptial agreement in place, could be impacted by the proposed amendments to South Africa's family law.

"This is one of the most substantial adjustments we've seen in matrimonial property law in some time," said Grant Smee, CEO of Only Realty Property Group.

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

According to Statistics South Africa, 130 806 civil marriages were registered in 2023, while in decline, Smee says that marriage remains a commonplace institution in South Africa with significant legal implications for property ownership.

Equity

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

Smee explained: "This Bill follows the 2023 Constitutional Court ruling that called for greater equity in divorce and estate matters. The amendment aims to protect spouses who could be left financially vulnerable after death or divorce by granting courts broader discretion in terms of fair asset redistribution."