FAMILY LAW: GENERAL AMENDMENT BILL TABED IN PARLIAMENT

FAMILY LAW: GENERAL AMENDMENT BILL TABED IN PARLIAMENT

• 14 August 2025
• Parliament
• SA Legal Academy

The General Laws (Family) Amendment Bill has been tabled in Parliament, an explanatory summary of its contents having been gazetted in June 2025. Once passed, enacted and in force, the proposed new piece of legislation will give effect to two Constitutional Court judgments handed down in 2023 and affecting:

• the 1979 Divorce Act
• the 1984 Matrimonial Property Act, and
• the 1987 Mediation in Certain Divorce Matters Act.

This is noting that the 2023 ruling on the Divorce and Matrimonial Property Acts dealt with issues raised in two separate cases.

Against that backdrop, the Bill seeks to:

• provide for the wider application of the redistribution remedy to marriages out of community of property, and
• extend the scope of the functions of the Office of the Family Advocate.

Pending the draft Bill’s certification by the Office of the State Law adviser, it was submitted to Parliament on 22 July 2925 for general information and planning purposes.

• Bill https://static.pmg.org.za/B20-2025_General_Family_Laws_AB.pdf
• parliamentary papers announcing the Bill’s formal introduction
• parliamentary papers announcing the draft Bill’s submission
• Constitutional Court ruling (Divorce and Matrimonial Property Acts)
• Constitutional Court ruling (Mediation in Certain Divorce Matters Act)

Published by SA Legal Academy Policy Watch

Follow us on X @SALegalAcademy (you can also join us on LinkedIn and Facebook)

0 COMMENTS

LEAVE A COMMENT