South Africa is stepping into a new era of family law reform with a set of divorce law changes that aim to make marital settlements fairer and more inclusive. The General (Family) Laws Amendment Bill 2025 is being introduced to address gaps that have long left many spouses without protection after divorce.
For years, many partners often women who sacrificed their own careers to support their households found themselves without a claim to any assets after a marriage ended. This new bill, soon to be presented in Parliament by Justice Minister Mmamoloko Kubayi, promises to fix those unfair situations by updating several family-related laws.
These reforms are not just about property rights; they are about recognizing unpaid contributions, modernizing outdated legal terms, and ensuring that all marriages, including Muslim unions, receive equal treatment. Let’s explore what the new bill brings and why it matters.
Understanding The 2025 General (Family) Laws Amendment Bill
South Africa’s divorce laws have remained largely unchanged for decades, leaving many couples facing outdated rules that don’t reflect modern family dynamics. The 2025 General (Family) Laws Amendment Bill steps in as a long-awaited update, particularly focusing on marriages out of community of property without accrual. In such marriages, each partner keeps their own assets, regardless of any contribution made by the other partner.
The Constitutional Court highlighted in 2023 that this system often left financially dependent spouses with nothing, despite years of unpaid support or caregiving. The new bill allows courts to step in and order fair asset transfers, ensuring that spouses who helped build wealth—directly or indirectly—can finally share in what they helped create.
Updating Old Laws for Fairer Outcomes
The bill will update the Divorce Act of 1979, the Matrimonial Property Act of 1984, and the Mediation in Certain Divorce Matters Act of 1987. Together, these reforms give courts more power to recognize genuine contributions during a marriage. It also strengthens the role of the Office of the Family Advocate, providing better guidance and oversight to ensure fair divorce settlements.
One of the most significant steps is that Muslim marriages, previously excluded from civil law protections, are now recognized. This change allows courts to redistribute property, safeguard children’s rights, and protect spouses—especially women—who were often left without legal recourse.
Why These Changes Are So Important
Before these reforms, spouses in marriages without accrual agreements were often left vulnerable. The law didn’t consider the value of unpaid contributions like raising children, managing the household, or supporting a partner’s career. The 2025 amendments are designed to close this gap, ensuring that those who contributed behind the scenes are no longer left behind.
By bringing Muslim marriages under the same legal framework and modernizing how property is divided, the bill represents more than just legal updates. It’s a recognition of equality, fairness, and the changing roles within modern families. If passed, these changes will help countless spouses move forward after divorce with greater security and dignity.
