Download divorce act 70 of 1979

Divorce and retirement funds in south africa family law. Someone forfeits gives up those benefits heshe would usually have acquired upon. Prior to 1979 there were 4 grounds for obtaining a divorce. While we strive to keep our library of policies and legislation up to date, it is likely that there will be developments that occur without our knowledge. Divorce act 70 of 1979 lays down the circumstances that a court may accept as evidence of the irretrievable breakdown of a marriage. Pdf the dissolution of a hindu marriage by divorce. When a decree of divorce is granted on the grounds of the irretrievable breakdown of the marriage the court, under section 91 of the divorce act 70 of 1979 hereinafter referred to as the act, may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other, either wholly or in part. Payment of divorce benefits to the former spouse upon. Divorce act 70 of 1979 above link will open in a new window or tab. Recent adjudicator decisions have once again highlighted the importance of ensuring that divorce settlement agreements and accompanying orders are drafted strictly in line with the pension funds act 24 of 1956 the pension funds act, read together with the divorce act 70. Divorce amendment act, 1989 wikisource, the free online. Divorce requires the sanction of a court in a legal process. The jurisdiction now exercised by the high courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such courts and by the district courts subject to the provisions in this act contained, and not otherwise. Forfeiture of benefits s9 of the divorce act 70 of 1979 this is one of the exceptions to the notion that fault is not relevant to the breakdown of a marriage this is a patrimonial form of punishment against the guilty party, because no person should financially benefit from a marriage heshe has caused to fail.

The constitutionality of section 73 of the divorce act 70 of 1979, with specific reference to the date of conclusion of the marriage and the matrimonial property system as limitations to. The benefits to which a member would have been entitled to in terms of the rules of the fund if hisher membership had terminated, due to resignation, at the date of the divorce. The dissolution of a hindu marriage by divorce 375 divorce is evidently a violation. T v b 212012 2018 zafshc 3 17 september 2018 saflii. Amended by judicial matters second amendment act 55 of 2003 from 31 mar 2005. Divorce is unlike annulment, which declares the marriage null and void. Adultery and desertion were sufficient grounds for divorce under common law whilst the prevailing legislation then in force cited incurable insanity and imprisonment of at least 5 years as a. Section 77 of the divorce act provides that a pension interest as defined in section 1 will be deemed to be a part of the assets at divorce. This determines the grounds for divorce, based on the irretrievable breakdown of a marriage and the.

This recommendation was implemented when the divorce act was amended in 1989 with the incorporation of subss 77 and 78 to the divorce act. The constitution of canada has explicitly made marriage and divorce the realm of the. Thirdly, a court may correct, alter or supplement its judgment to give content and meaning to its order. This is called a redistribution order and is dealt with in section 73 of the divorce act no. Divorce act updated to 9 august 2010 act 70 of 1979 notice 1291, g. As this is a file with many pages, you may have difficulty to open it with your mobile device. To amend the divorce act, 1979, so as to confer certain powers upon a court in the case where such court grants a decree of divorce in respect of a marriage the patrimonial consequences of which are governed by the law of a foreign state. Transfer of powers and duties of the state president act 97 of 1986. Act put the country in a frontline position among the jurisdictions of southern africa, particularly with regard to the law of divorce.

Section 73 of the divorce act states that a court granting a decree of divorce in respect of a marriage out of community of property without accrual, entered into before the commencement of the matrimonial property act may on application. Heaton j the law of persons and family law 2008 annual survey of south african law 908964 published in 2009. The parties have not lived together as husband and wife for a continued period of at least one year immediately prior to the date issuing summons for divorce. Irretrievable breakdown of marriage as ground of divorce. The matter is remitted to the regional court for continuation and finalisation of the trial, on the same papers and annexures.

The act was repealed in south africa with effect from 1 july 1979 by the divorce act 70 of 1979 rsa gg 6505, shortly before it was transferred to swa in november 1979. In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979. But botswana would not hold that position for long. The regional court has jurisdiction to hear the divorce action in terms of section 281a read with 291b of the magistrates courts act 32 of 1944 as amended and section 2 1 of the divorce act 70 of 1979. Mental illness or continuous unconsciousness as grounds. In terms of section 78 of the said act a court may order that a portion of the pension interest of a member of a fund be awarded to the spouse of such member. The constitutionality of section 73 of the divorce act 70 of 1979, with specific reference to the date of conclusion of the marriage and the matrimonial property system as limitations to the application of section 73. List of acts of the parliament of south africa, 197079. If it appears to a court in divorce proceedings that despite the granting of a decree of divorce by the court the spouses or either one of.

Divorce act 70 of 1979 page 1 of 12 divorce act 70 of. Section 24a 1 of the bill provides that the board shall direct the fund to reduce a members pension interest by any amount assigned from the members pension interest to the members former spouse in terms of a decree of divorce granted under section 78a of the divorce act, 1979 act no. Please note that most acts are published in english and another south. Divorce act 70 of 1979 laws of south africa university of pretoria. The current law of divorce is contained in the matrimonial causes act 1973, part i, sections 110, as amended principally by the matrimonial and family proceedings act 1984. The centre for affordable housing finance in africa cahf has accessed this document from an external source. It is explained that it would have been futile to declare the hindu marriage of the plaintiff in. Division of assets and maintenance of parties 1 a court granting a decree of divorce may in accordance with a written agreement between the parties make an order with regard to the division of the assets of the parties or the payment of maintenance by the one party to the other. Divorce act 70 of 1979 pension interest is defined as follows. The marriage act 25 of 1961, the divorce act 70 of 1979. Posted on february 23, 2014 by bmhlawlecturer under media law leave a comment post navigation. The dissolution of marriages on presumption of death act 23 of 1979, the divorce act 70 of 1979 hahlo, h. Forfeiture of benefits s9 of the divorce act 70 of 1979. Amended by jurisdiction of regional courts amendment act 31 of 2008 from 9 aug 2010.

Divirce act 70 of 1979 divorce act 70 of 1979 page 1 of. Payment of divorce benefits to the former spouse upon divorce and. Divorce act 70 of 1979 divorce act canadas divorce act r. It was extended to the former homelands on 1 april 1997 by the justice laws rationalisation act, 1996. Secondly, the effect of granting a secular divorce in terms of the divorce act 70 of 1979 the divorce act if the spouses have entered into a religious marriage is discussed. Divorce act, 1979 act no 70 of 1979 divorce act, 1979 act no 70 of 1979 1. Divorce or the dissolution of marriage in south african law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Some acts have gone by more than one short title in the course of their existence. Amended by divorce courts amendment act 65 of 1997. The constitutionality of section 73 of the divorce act. This article analyses the laws relating to the payment of divorce benefits. The summons was absent any claim for forfeiture of benefits in terms of section 9 1 of the divorce act 70 of 1979.

Here are some helpful resources aimed at helping you understand more about your family members rights relating to the childrens act, the divorce act, and the bill of rights. Divorce act, 1979 wikisource, the free online library. Divorce in south african law refers to the termination of a marital union, the canceling of the. On 1 july 1979 the south african divorce act act 70 of 1979, entered into force, and one cannot help observe that the. The dissolution of marriages on presumption of death act 23 of 1979. Family law and divorce law legislation family law zafamilylawlegislation. The repealing act was not made expressly applicable to swa, but should have repealed the act in respect of swa by virtue of section 7ter of act 22 of 1939. In july this year, the divorce act 70 of 1979 will have been in force for 31 years. Give a brief history of the main developments of your divorce law.