South Africa is set to introduce one of the most significant changes to its family law system in decades. The Justice Minister, Mmamoloko Kubayi, will present the General Laws Amendment Bill, 2025, to Parliament, aiming to close long-standing gaps that have left many spouses, particularly homemakers, financially vulnerable after divorce or the death of a partner.
This reform responds to a 2023 Constitutional Court ruling that found existing divorce laws unfair, especially for those in marriages out of community of property without accrual. The current framework has often left one partner with no right to the assets built during the marriage, even if they contributed significantly in non-financial ways, such as raising children or running the household.
Why This Change Matters
Before 1984, South African courts had the power to redistribute assets more equitably during a divorce. However, legislative changes removed this right for couples married without accrual after 1 November 1984. This has disproportionately affected women, who often take on the role of homemaker and caregiver.
Family law specialists have long argued that the system failed to recognise the value of unpaid labour in building and maintaining a family’s wealth. As a result, many divorced or widowed spouses have been left without financial security despite years of contribution.
Key Provisions of the New Bill
The General Laws Amendment Bill, 2025, seeks to restore certain pre-1984 rights by allowing spouses in non-accrual marriages to apply for a redistribution of assets in both divorce and death cases. This means:
- A financially disadvantaged spouse will be able to claim a fair share of the marital estate.
- Courts will have the authority to determine the percentage of redistribution, typically between 10% and 50%, based on the contributions made.
- The right to claim will also extend to surviving spouses when a partner dies, ensuring they are not left without support.
Applicability and Limitations
The reform will not be retrospective. It will only apply to:
- Current marriages without accrual where divorce proceedings are still ongoing.
- Future marriages contracted after the law takes effect.
Divorces already finalised before the legislation’s enactment will not be affected. Furthermore, redistribution claims will only be possible in divorce trials, not in out-of-court settlements.
Addressing Potential Abuse
Some critics have raised concerns that the law could be exploited by individuals deliberately avoiding work to claim assets. The legislation addresses this by giving judges discretion to decide each case based on evidence of genuine contributions to the marriage, whether financial or non-financial.
Closing Legal Gaps
The reform will apply to all legally recognised marriages, including Muslim and same-sex unions. By doing so, it recognises that breadwinners can be of any gender, and stay-at-home spouses—male or female—deserve protection.
However, experts warn that high-net-worth individuals may still shield assets through trusts or prenuptial agreements, limiting the law’s impact in certain cases.
The Road Ahead
If passed, the General Laws Amendment Bill, 2025, will mark a major step towards fairness in South African divorce law. Legal analysts expect the reform to increase contested divorce cases, as couples may be more likely to go to trial to secure a redistribution ruling.
Despite potential challenges, the proposed changes are widely seen as a victory for equality, giving recognition to the unpaid work that sustains families and helping ensure that no spouse is left without financial stability after the end of a marriage.