In July of this year the Divorce Act in South Africa will have been in effect for more exactly 31 years. Although many amendments have been made to this Act, no substantial changes have been made in the last 31 years that would constitute the total rewriting of the Act. It is important that you not only know what is contained in the Divorce Act, but how these amendments can affect your marriage as well as the dissolution of your spousal union.
One of the latest amendments to the Divorce Act relates to equality and confirms that every person in South Africa has the right to stand before a Court in relation to their dissolution of marriage. Previous to this amendment in 1997, people of colour could not be divorced in a court of law.
Another important change to the Divorce Act came due to the recognition of same sex marriages in the country. This meant that the Divorce Act had to be amended to include the dissolution of same sex marriages in the same way that conventional civil unions are dealt with.
Your best bet to ensure that you are aware of and up to date with all the amendments that are made is to employ the services of a divorce lawyer or attorney. This is applicable whether you are about to get married, are already married or are considering filing for divorce.
The advice from lawyers and attorneys can assist you in drawing up a pre-nuptial agreement to ensure that you and your partner are both protected in terms of the Divorce Act. You can also enter into a nuptial agreement once you are married although this can be much more complicated.
Make sure that you understand the Divorce Act in South Africa as well as all the amendments that have been made since its institution in 1979 simply by contacting us.