AUTHOR: ADRIENNE OLIVER
PUBLICATION DATE: SEPTEMBER 11, 2025
South Africa’s family law is about to change in a major way. The General (Family) Laws Amendment Bill, introduced in 2025, aims to ensure fairness in divorces and estate matters, particularly for couples married out of community of property without accrual.
Until now, if one spouse contributed to the household or raised children but the marriage excluded accrual, they could walk away with nothing in the event of a divorce or the death of the breadwinning spouse. This Bill gives effect to the orders of the Constitutional Court which found this system unfair and unconstitutional in 2023
Under the Bill, courts will have the power to correct these inequities and ensure spouses are treated fairly by being able to override rigid antenuptial contracts. Even if a contract excludes asset sharing, judges may order a fair redistribution of property when couples divorce or a spouse dies. This applies to marriages both before 1984, when the accrual system didn’t exist, and after 1984, where couples opted out of accrual.
Courts won’t automatically split everything 50/50. Instead, judges will assess factors such as the length of the marriage, each spouse’s financial and non-financial contributions (like managing the home or raising children), and their overall economic situation. Importantly, these rules apply to all legally recognised marriages, including civil, customary, religious, and same-sex unions.
For anyone planning to marry, the Bill highlights the importance of carefully considering your matrimonial property system and seeking legal advice. If you are already married without accrual, it’s important to understand that the court may now intervene to ensure fairness in divorce or inheritance matters. Estate planning and reviewing your contracts is more crucial than ever.
The amendments to the Mediation Act extend the functions of the Office of the Family Advocate. This includes providing mediation services to children and parents involved in disputes regarding how to carry out parental responsibilities and rights whilst safeguarding the best interest of the child.
Speak to our team today to review your marriage or estate arrangements and make sure your rights and contributions are protected under the new law.
Tel:+27 315705334
Email: adrienne.oliver@gb.co.za