Divorce Act Declared Partially Unconstitutional, Clears Way for Women to Claim Settlement

Divorce Act Declared Partially Unconstitutional, Clears Way for Women to Claim Settlement

  • The Divorce Act has been challenged in a landmark case which has ruled that parts of the act are unconstitutional
  • This follows a case brought before the court by Mrs G who was married for 30 but did not earn an income and was barred from claiming a settlement
  • The court ruled that the act did not take into account the value that women bring to a home and the impact they have on a family's success

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PRETORIA - A landmark ruling was made at the Pretoria High Court which will allow for changes to be made to the Divorce Act. Parts of the act were deemed unconstitutional, particularly regarding women who did not earn financially during the marriage.

The ruling would allow women to qualify for a fair divorce settlement and consider the role of women in the home as having value.

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Divorce Act, High Court, Constitution, law, marriage
Parts of the Divorce Act have been declared unconstitutional allowing women who did not earn an income to claim a settlement. Photo credit: Alex Green/Pexel
Source: UGC

Mrs G, who had been married for 30 years, lodged the application during her divorce to challenge the constitutionality of the Divorce Act.

According to TimesLIVE, when she was 22 she got married and was forced to sign a one-page antenuptial agreement. Mrs G had raised three children who were high achievers and her impact on their lives was recognised as a driving force.

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She was married to a farmer in a rural area. He was very successful, expanded and bought a number of farms. The marriage was allegedly abusive and the couple split in 2016. Mrs G went to court to challenge the Divorce Act.

Under the previous Divorce Act she was barred from seeking a settlement because she had not brought in an income during the 30 years that they were married.

Business Tech reported that many women in South Africa had previously been barred from a settlement despite the huge amount of value they brought to a home.

Source: Briefly News

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