Gender Commission welcomes ConCourt ruling on Divorce Act
The Commission for Gender Equality has welcomed the Constitutional Court's ruling declaring a section of the Divorce Act unconstitutional.
The section in question had allowed the courts to divide assets equitably among a divorcing couple married out of community of property in the absence of accrual.
However, the remedy was only available to civil marriages entered into before 1 November 1984.
READ: Apex court declares section of Divorce Act unconstitutional
Parliament has 24 months to amend the law.
"The implication of this decision is that the divorce courts can now take into consideration a redistribution claim, including the non-financial contribution of the one spouse, which has benefited the other spouse, even if the marriage was concluded under an anti-nuptial contract," says the commission's Nthabiseng Sepanya-Mogale.
"The CGE will continue to explore all avenues, including the courts, to achieve gender equality."
