Landmark judgment provides hope for spouses left with nothing after divorce

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The Gauteng High Court
The Gauteng High Court
Lefty Shivambu/Gallo Images

Spouses married after 1 November 1984, out of community of property without the accrual system, will finally be able to ask the court to exercise its discretion and order that any asset or any sum of money be transferred from one spouse to another, regardless of the antenuptial contract that they signed.

Previously, this was only an option for spouses married out of community of property without the accrual system, who were married before 1 November 1984, when the Matrimonial Property Act (MPA) came into operation.

It follows a landmark ruling of the Gauteng High Court in Pretoria, declaring Section 7(3)(a) of the Divorce Act inconsistent with the Constitution and invalid to the extent that it limits the operation of the section to marriages out of community of property entered into before 1 November 1984.

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