On 10 October 2023, the Constitutional Court confirmed the invalidity of Section 7(3) of the Divorce Act, in that it is inconsistent with the Constitution. The Constitutional Court found that Section 7(3) of the Divorce Act limits the operation thereof to marriages concluded out of community of property, prior to the implementation of the Matrimonial Property Act, which it found to be discriminatory.
What is the practical implication of this?
Parties who got married after the commencement of the Matrimonial Property Act, and out of community of property without the accrual, may now request the Court to make an order whereby there is a redistribution of assets. It is important, however, to bear in mind that the redistribution of assets is not an automatic right, and party seeking same would still need to make out a strong case in support thereof. That being said, this Constitutional Court ruling has certainly opened the door for parties who have contributed towards assets in non-financial terms, to claim redistribution of assets based on their contributions thereto.
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Our breadth and depth of experience ensure an empathetic and effective approach to the difficulties you face. Our team can provide the necessary expertise to help you with all your family-related legal affairs. For assistance with any Family Law related matters, please contact our offices for assistance.