South Africa is preparing for a major overhaul of its divorce and marriage laws, aimed at protecting spouses—especially women—who have historically been left with nothing after divorce. At the heart of this reform is the General (Family) Laws Amendment Bill 2025, expected to be tabled in Parliament by Justice Minister Mmamoloko Kubayi.
The bill responds to a 2023 Constitutional Court ruling that declared key elements of current marital legislation unfair. If passed, the new law will modernize how marriages without asset sharing are treated and give vulnerable spouses the legal right to claim a share of wealth—even if the marriage excluded accrual.
The Core Problem: Marriage Without Accrual
Many South African couples marry out of community of property without accrual, meaning that both partners keep separate control over their individual assets. While this works in theory, in practice it has often left one spouse—typically women—with no legal claim to property, even if they contributed through unpaid domestic work or supported a partner’s career.
Under the current law, there is no legal protection for such spouses during divorce or even after a spouse’s death. The proposed changes aim to close this gap.
How the New Law Proposes to Fix It
The Divorce Act of 1979, the Matrimonial Property Act of 1984, and the Mediation in Certain Divorce Matters Act of 1987 are all set for updates under the new bill. The General Laws Amendment Bill 2025 aims to:
- Allow courts to order fair redistribution of assets in marriages without accrual.
- Provide support for spouses in the event of a partner’s death, even without accrual.
- Expand the role of the Office of the Family Advocate to help guide courts on equitable divorce outcomes.
- Simplify legal wording and procedures to make family laws easier to understand and enforce.
These reforms are intended to ensure that spouses who contribute in non-financial ways are not left destitute at the end of a marriage.
Why Change Is Urgent
In October 2023, South Africa’s Constitutional Court ruled that excluding spouses in non-accrual marriages from any form of property claim was unconstitutional. It found that these provisions ignored modern marriage dynamics, especially in households where one partner handles caregiving or homemaking.
The unfairness was especially stark for couples who married before November 1984, when the concept of accrual was introduced, and for those who chose to opt out of accrual. For decades, these partners—often dependent spouses—had no legal right to a share of the family’s wealth, no matter how much they contributed behind the scenes.
Understanding Marriage Out of Community Without Accrual
In a marriage out of community of property without accrual, each partner legally owns whatever they bring into or earn during the marriage. There is no shared estate, and no claims can be made by either party if the relationship ends.
This model might work well when both partners earn equally, but it fails to protect those who sacrifice careers to support the household, raise children, or help grow their partner’s financial success. These partners often find themselves financially stranded after years of unpaid contribution.
The 1984 introduction of the accrual system offered a way to balance this by sharing the growth in each partner’s estate during marriage—but not all couples opted in. The 2025 bill seeks to offer a safety net for those who didn’t.
Bringing Muslim Marriages Into Legal Protection
Another critical reform under the bill involves Muslim marriages, which were not previously recognized under South Africa’s civil marriage and divorce laws. This legal blind spot left many Muslim women without the ability to claim property or support following divorce.
Recent legislative efforts have now corrected this oversight, with the Divorce Amendment Bill passed in 2024 to:
- Legally recognize Muslim marriages.
- Protect children born in Muslim unions.
- Enable property redistribution during Muslim divorces.
- Allow courts to forfeit marital benefits when deemed fair.
This move brings religious and civil marriage practices closer together, ensuring more equitable treatment for all spouses regardless of faith.
Key Features of the 2025 Marriage Law Reform
If approved, the General (Family) Laws Amendment Bill 2025 will include provisions that:
- Empower courts to provide financial relief in non-accrual marriages.
- Strengthen the powers of family advocates to guide just divorce outcomes.
- Modernize outdated legal terms and processes, making family law more accessible.
- Close long-standing gaps in marriage law that left spouses financially vulnerable.
What the New Law Means for Married Couples
Once enacted, the reforms could significantly alter the legal landscape for divorcing couples and bring overdue fairness to those who supported their marriages in non-financial but essential ways.
Expected changes include:
- Dependent spouses could now receive compensation for years of unpaid labor and sacrifice.
- Legal recognition of non-financial contributions such as caregiving and homemaking.
- Muslim couples will enjoy full civil protections during divorce proceedings.
- Court powers will expand to allow better redistribution of property in divorce and death.
Social Impact: Ending a Long Era of Inequality
These reforms are not just about the law—they represent a social turning point. For too long, South African law has failed to protect partners who helped build households and raise families without being named on a property deed or bank account.
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This bill aims to bring South Africa in line with international human rights standards and create a family law system that recognizes all forms of contribution in a marriage—not just financial ones.