Divorcing spouses married out of community of property can now claim assets

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Divorcing spouces married out of community of property without the accrual system can now claim financial compensation for their contribution to the marriage.

In the groundbreaking judgment, the Gauteng High Court in Pretoria, this week declared portions of the Divorce Act unconstitutional and invalid.

The application by Mrs G, a woman who has been married for 30 years and raised three children to adulthood – decided to get a court order to have her divorce put on hold so she could challenge the constitutionality of the Divorce Act.

This clears the way for women who did not earn financially during their marriage and therefore were unable to claim any kind of settlement.

Family lawyer, Beverley Clark of Clarks Attorneys explains.

“What Judge, Elmarie van der Schyff in Pretoria held this week was that, that time bar in the Divorce Act is unconstitutional and infringes on people’s fundamental human rights and dignity. Now everyone who is married in with an antenuptial contract that excludes accrual can go to the court and say I have made contributions during my marriage of any variety in the home, raising children and I am therefore entitled to a portion of the assets of my spouse.”