General Laws (Family) Amendment Bill Tabled for Public Comment

Posted 14 August 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The National Assembly’s Portfolio Committee on Justice and Constitutional Development has called for public comment on the General Laws (Family) Amendment Bill. The Bill seeks to amend existing matrimonial legislation to align with 2023 Constitutional Court rulings regarding asset redistribution.

In terms of the notice issued on 9 October 2025, the Portfolio Committee on Justice and Constitutional Development is requesting written submissions on the General Laws (Family) Amendment Bill. This follows the tabling of the Bill in Parliament on 22 July 2025 and the publication of an explanatory summary in the Government Gazette in June 2025.

The proposed legislation is intended to give effect to two Constitutional Court judgments delivered in 2023 which identified constitutional defects in the Divorce Act, No. 70 of 1979 and the Matrimonial Property Act, No. 88 of 1984. Specifically, the Bill addresses the redistribution of assets upon the dissolution of a marriage, ensuring that the statutory framework complies with constitutional standards of equity.

The amendments focus on the following areas:

  • The Divorce Act, No. 70 of 1979, specifically regarding the court’s power to order the redistribution of assets in marriages concluded out of community of property without the accrual system.
  • The Matrimonial Property Act, No. 88 of 1984, to ensure consistency across different matrimonial property regimes in light of recent jurisprudence.

Interested parties and stakeholders are required to submit their written representations to the Committee by no later than 10 November 2025.

Click here to view the Committee Notice and the official media statement.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; professional awareness is required to advise on the evolving constitutional standards of matrimonial property law.
  • For your business: Legal practices specializing in family law must update internal precedents and advisory templates to reflect the proposed asset redistribution mechanisms in the Divorce Act, No. 70 of 1979.
  • For your clients: Clients in marriages out of community of property without accrual may gain new rights to claim asset redistribution upon divorce; they should be notified of the 10 November 2025 deadline for public comment.

Originally published at https://legalacademy.co.za/news/read/family-law-general-amendment-bill-tabed-in-parliament

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