Discussion | Big changes to SAs Divorce Act
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- Опубліковано 26 сер 2024
- A new court ruling will have massive implications for marriage and divorce in South Africa. The Pretoria High Court has ruled that a part of South Africa’s Divorce Act is unconstitutional. This will completely change how divorces are handled when couples are married out of community of property. For more, #eNCA speaks to Family Law Expert, Advocate Muhammad Abduroaf. Courtesy #DStv403
![[D101] LEGAL GROUNDS FOR DIVORCE IN SOUTH AFRICA - EXPLAINED BY DIVORCE ATTORNEY -](/img/n.gif)
Marriage is the most dangerous institution in the whole world and it's history. I respect everyone who's married and genuinely happy.
This is insane. Marriage just died. RIP 🙏🏾 🕊
😂
The judgment has violated the basic principle of law ie legal certainty. People will no longer be able to enter into a marriage out of community of property with certainty. The judgment must be set aside.
Absolutely. Yho, it's a mess
EXACTLY, now that old saying" what's MINE is MINE and YOURS is YOURS" just turned into a big fat MAYBE when it's CONVENIENT for you.. I'm praying the CONSTITUTIONAL COURT denies this APPLICATION or AMENDS it to people it's supposed to AFFECT in 1994😤😤😦😦
Inserts 🤣evil laugh
I'm 35 and was already not convinced about marriage. This has just helped me make my mind up. I can spend time baking in the kitchen myself thank you very much. Marriage is the biggest scam in history and we are assisting the scammers.
Thank you. You're wise
More ways to milk men for money, divorce is expensive.
Ya let's just bake and eat cake 🤷♂️
Same age group, Thank you I'll pass. I thought this would convince me otherwise .
I'm 32😅I fear marriage
SO THERE IS NO MARRIGE OUT OF COMMUNITY OF PROPERTY ACTUALLY, THIS ACT WILL CAUSE MORE MURDES
There is marriage outside in community of property, problem is the people don't treat their marriages as that. They want prenup with the benefits of in community of property.
I was thinking that it’s really gone be until death do people part ,
"Those Who Are INSIDE Want 2 Get OUT Whereas Those Who Are OUTSIDE Want 2 Get IN"
Lol! That's what's funny to me. I just chose not to participate when I turned 18.
Sign but secretly don't submit to Home Affairs. Somizi 101.
🤣🤣🤣🤣🤣🤣🤣🤣
😂
🤣🤣🤣
😹
😭
I am 21 years old, I grew up with a single parent and I still am today. It has been a hard journey growing up, all my life I have wondered what life would be like if my parents were together. I vowed that I would not allow it to any child I bring into this world. I would not want any other person to go through what I have been through. Now the question is, do I want to get married and have children, of course, I do.
But the older generations in this country are just screwing things up for us the youth.
I do not want to sound rude to anyone my age, younger or older. But or generation is also messed up and marriage does not look viable at this point.
And stupid thing is that come 10 or 20 years down the line when the government is doing census collecting information on marriage rates they will see them being at an all time low and start wondering why ain't young people getting married.
That's because you made it fair game to reward failure and why should people put themselves in a position of failure 😭. People who are making laws are the ones who will be dead 10 or 20 years from now and leaving us with bullshit laws we have to live by. Country e se e thoma hoba masepa serious 🤞🏾
Well said my Brother
This how the world will destroy the spiritual part of marriage
This is going to influence spouses committing foul play in order not to share assets.. anyway good luck to the married people and people who about to get married
Basically the USA family court system in a nutshell.
@@Kusanagi7618 precisely. It's going to reward people who break the marriage contract and with the rise in materialism, goodluck.
@@Kusanagi7618 couldn’t have said it better.
Killings will increase
And that's the end of people building families and striving for wealth together. We will be in a space where one will ask "why should I try to save this yet I can get a big payout for doing nothing".
At least then there should be a limit as to how much of the assets can be eligible because what's the point of out of property ❓💁🏽♂️
The point is love must not be attached to assets simple as all that. You are not marrying assets but a person
There is a LIMIT on the other news channel there was a PROFESSOR Gundelfinger he said woman claim up to 50% now 🤢🤢😤😤🤷🏽♂️🤷🏽♂️
@@Crybaby-cz8et but perhaps tiem should be attached, some people's time gets wasted in a marriage and compensation is fair i think.
I will never get married, because I want nothing to do with the government...
As long as it benefits the Lawyers and government, that is why they changed it. Divorce is a big market for this professional
And a lot of young people are seeing this and we staying away from this bullshit
How can this law just be changed?? By someone who devides to do it. Without any consultation. People chose to get married in community of property or ante- nuptual contract. It was their choice at the time of marriage. Signed by both parties. How can the "government" now change that law just because they want to???? This is more bs from the government controlling the citizens privacy and rights.
This is a typical way of distroying the FAMILY. They know for a fact that now people wont get married or few will and this leads to even more single parenting and misguided children.
The laws are not helping people to be together insted inflicts fear that family is dangerous if you made your self.
@Manqoba Mabuza I could not have said it better, God help South Africa. This is evil news they are promoting here.
Dankie bhuti... Uyinembile nje! I'm listening to this bs and this is exactly what I'm saying in my head before I came across your comment... 🙏🙏🙏
Vhela, after seeing this im not getting married
This is nonsense, we just won’t get married.
Yes they are really destroying the institution of marriage.
So what's the point of marrying out if community of property then?
Just Vibes I guess 🙃
@@Afrika47 and those vibes will be expected to develop into something else
In case you not catching my drift, the question of " what are we" will come up
@@youreallythinkso I can already see it happening, we DOOMED!!!
Rather not get married
That's what they want
@@nhlanhla_magz928 true
Rather pray for the right person. Be patient one is on the way🙏
This law will affect the majority of men as woman dont usually marry down. The next law will be if u stay with someone for two years its customary marriage therefore one can claim assets. A man success is always a target in this life. One can't even succeed in peace.
Lol but you can actually claim without getting married if you were staying with that person
😂😂😂😂
Men are producers and providers and women are consumers of course it is our wealth that women are after. It's our choice to participate or not. Even by just having a child with her she already has advantage and access to your wealth
Infidelity is going to get alot of people rich. Married people must behave!
Facts
Don't lie to yourself, remember there's no fault divorce meaning your spouse can just divorce you if she's not happy. Divorce don't need infidelity. Now people will cheat freely knowing that they will be rewarded. I used "she" because women initiate divorce over 80% of the time
The crazy thing is that no one pays you back for providing shelter, food, security and all the prestige all that was concidered as worthless. But because she cooked the food she ate which he baught...
These laws are made by feminists, pushing one agenda at the expense of men
😂😂😂😂 she gets 50% for being in that kitchen
@@ayandangcobo1755 the kitchen that you bought cabanga😂
@@dumisanimasilela2673 kurough mfe2 😂😂😂
Stop being bitter.
Does it apply if roles are opposite... Man at home wife striving for success, we do live in change times
In south africa, they will change anything in favor of the women, they will say it is unfair for a man to benefit in the divorce as he didn't contribute to the economy of marriage
This is one question that most women hate. of course they will try to make sure the man don't benefit much. this changes were made to benefit women.
Yes it applies to both parties
But women generally don't marry men that earn less than them
Isn’t this a violation of contract? She signed up for this system. Why must that be changed now? There was nothing under duress, there was consent.
It's for women to benefit
@@KingBrown96 I mean the comedian Chris Rock said it best. “It’s cheaper to killer her”🤷🏿🤷🏿
Congratulations, you've solved the case.
A marriage is not a contract😏😅
@@tendai.i it’s clear that you either don’t understand what a marriage is or you don’t understand what a contract is.
There’s a reason why you sign at home affairs.
There’s a reason why there have to be witnesses to the proceedings.
There’s a reason when you end a marriage there’s legal proceedings determined by what was signed by both parties.
MARRIAGE IS A CONTRACT.
I’m upset by this judgement. Hopefully, this goes to the Constitutional court so that they can overturn the HC’s judgment. Out of Community of property is supposed to protect a spouse’s assets. This goes for both the accrual system or without one. Yes, the accrual system is a bit different but it still applies.
It then seems better to get married out of community of property with accrual in the first place, seeing that when one gets married out of community of property without accrual the possibility of claiming assets by the other spouse still exists.
Just don't involve your spouse in whatever you do. You are each supposed to do things separate from each other. With this law a person can not claim what they didn't contribute in.
This Judgement should not affect people who got married before it's approval 🙆🏼♂️🙆🏼♂️🙆🏼♂️🤦🏼♂️🤦🏼♂️🤦🏼♂️🤷🏼♂️🤷🏼♂️🤷🏼♂️. This Judgement can easily be challenged.
Gentlemen,we can see what's happening here aren't we?
It all points out to men paying out during divorce not the women.
It’s also fair for the spouses…I mean when you are busy pushing your businesses who is looking after ur kids? Who takes your kids for dental checkups?? Who attends their matches??Guys are very selfish ..
@@zBonx you're supposed to get paid for that? I can hire a nanny if that's what you're saying
@@zBonx I mean they are your kids too? Or you already assumed the role of a nanny that's why you want a paycheck at the end of the day? And why are you assuming as if we won't be playing an active role in our children's lives.
And I guarantee you wouldn't spewing this crap if you were seeing it from our perspective.
Never getting married...thank you so much for this.
Don't let a partner move in with you either. They can make claims if you were providing for them.
@@Smojero yeah i heard that aswell, if you stay with them for more than 6 months right ?, if m not wrong
@@lionrasta1636 Just say no to cohabitation no matter how long
Goodbye marriage. I ain't doing no more
Same to me
Glad to be the boys in the comments boycotting this insanity. Soon as I saw the title I knew it was gonna be heavily skewed towards women. There has never been changes in courts in any country done for the benefit of men, EVER.
If the law changes ,just forget me ever getting married, aii noh , I'd rather stay unmarried
In 10 and 20 years time, the government shouldn't turn around and act surprised when young people are refraining from marriage and starting families. Because it will be all their doing
So I'm guessing one can open a trust and put ones assets in a trust
At face value, it now seems whether one chooses to marry in or out of community of property is neither here nor there. May as well marry in community...
Waw thank you actually the man always left the older wife with nothing and gives the young blood school girls every thing
I feel sorry for men who are going to get married. 😹
Nah Im good dying single. No way in hell am I getting married XD
I guess I'm never getting married.
To cut long story short the high court is saying there is no longer such thing as marriage out of community of property without accrual 🤷♂️
Well the high court is not the last decision maker and has no authority to change lawz🤷♂️
Why yall saying *money took from men* not everythings abt men please..!! this has to change
Please tell me how many times you have seen a woman that works as a manager in an organization marry a man that works at McDonald's...Yet you will see men in management marrying ladies that work at McDonald's or basic jobs. You say this like it is not obvious to everyone that women don't generally marry or have any attraction to men that earn less than them. Women marry up and men marry down like 90% of the time. So it is men that are affected here... Also add to the fact that women initiate 70-80% of divorces...so there is nothing wrong with what people are saying
Lol!
Now people have to be compensated for being in situations they consented to 😂😂😂 Doing something they wanted just as bad!
Basically getting married is signing an employment contract with stated benefits!
Anyway Thanks, screw getting married if the system disregards moral and cultural obligations.
This judgement will hurt everyday folks more than the intended targets (business people with most assets)
It is oxymoronic, an ANC marriage allows either party to get in to contracts without consulting their spouse. You simply wreck up credit, make willful poor financial decisions before a divorce, problem solved. Good luck on surviving foul play before a divorce to a lesser financially contributing spouse in the marriage.
So basically a prenup is useless.
Then WHY DO THEY ALLOW PEOPLE TO GET MARRIED ANC YET TODAY U CAN CLAIM
I am happy with this news every woman who stay at home cooking and cleaned will be recognized.
Women must work for their own money and stop ripping men off their hard earned money. We help with that cooking and cleaning in any case this is nonsense!
Thank God for the red pill.
So now I know, I always thought I would settle someday with a wife and live a happy life, guess now I will just live a happy life. Marriage just died in SA.
Find yourself a good wife who also has as much as you to loose🤷🏿♀️
@@ScissorN exactly
Someone said purchase your assets using a trust. Atleast they are onto something
@@ScissorN but there is a lingering thing of her being awared more protection but I hope I won't end up that way
Marriage long died in the early 70s when "no fault divorce" was introduced
Even slay queens can claim from your estate. Gents be careful out there.
A man who marries a slay queen deserves what is coming his way. Slay queens belong in Doodoo Dubai.
😂😂😂 ku rough
@@ayandangcobo1755 eish bafo kubi. It's like this whole thing is set up to punish men.
@@dumisanimasilela2673 this is proof that we need to get these old people out of parliament😂😂😂 sebehamba too far
Marrying a slay as a rich man right now would e a mistake even out of cop🤣🤣🤣🤣🤣! The only who benefits from now is the one without the money in a marriage!
It needs to be clarified some more, what is the court looking for, If a woman choose to stay at home and think
raising children is a money making/generating an income, which is expenditure instead of accumulating an income.
That makes it unconstitutional. If a woman is playing an active role in accumulating an income,
that that ruling will be constitutional. Our leaders and courts must stop making these unclear ruling and laws,
It make a man wonder, if marriage is worth the trouble. You spend you young life working to get yourself an education,
or prepare to have wealth and someone can just marry you and when they divorce you, they take half your wealth.
True. There is no benefit of being married as a man in today's society 😕. And the hurtful thing is that we want to get married, have kids and raise them under the same roof we live in together with our wives but it's impossible when you know when the guillotine drops, your head will be rolling first.
@@youreallythinkso living in fear is the worst way to go through life
@@janedoe5510 you have to prepare for any and everything no matter what. Personally I would rather it be based on pure love and keep any and every gov/legal contract out my marriage and keep in under God. But will the wife want that ? Nah cas it’s all a security thing to her
Im more thinkin of Somizi manje.... yoohh...
Rubbish... vat n sit is the way to go. This constitute is meant to harm men...
It's always been all about money. Don't get married. Woman are going to clean you out
If you need spring cleaning, why not??
@@Crybaby-cz8et there are cleaning services and domestic helpers for that
@@ludacrees 😂😂😂
I know many women over the last 40 years or more who went into the marriage with possessions and money!
When they got divorced they left with a suitcase of clothes!
Some worked and others did not!
In some of these cases, the men hid their assets away!
I know of 3 women who worked Full time with small children, and in two cases their husbands Studied full time at university!
Soo the wives supported the family whilst the husband studied… !
They then got divorced 20 years later, the wife had been looking after the children, once the husband had established himself in a high paying Job!
The Husband became a CEO or similar…Three of these women left these well off lifestyles and had to then work until they could no longer Work anymore! !
Soo happy some women’s lives will improve!
True this does happen, that's why every woman should have a plan for "just in case" some men are ruthless.
If possible invest in property.
And that's why a prenuptial agreement should be in place ( and regularly updated) to give each other protection.
@@youreallythinkso Dr Dreams had a pre nup Lmfao!
You can never win against the government just stay away
So what will be the point of having accrual then? the whole reason for accrual is for this purpose.
These laws are biased.... It seems favour the side of women looking into examples already are made when man accumulated wealth during marriage...
Nope, the reality is that the ones that will marry men that think like that often have nothing, womens pensions are being claimed by cheating husbands on a daily
I’ll never ever get married
Stay single qha.....you will be the happiest person in the world
Because woman is involve in Marriage💔 To us man, let's just accept it Woman control the whole world and we still have a long way to go
We have a choice though. Marriage is not compulsory
Men built every thing and every system, women do not control the world by a long shot, the only thing they control is child birth.
What's going on is we have weak men who were raised by selfish single mothers who convinced the boys that their dads were dirt bags. These lads are getting to the top and selling us out because they never had a male figure to show them the brotherhood isn't the enemy, instead they we're raised by an angry feminist.
What can you expect?
So Prenuptial Agreements will now be renderd worthless?
Exactly, that's the sad part IMAGINE working 20 years to pay off your home loan to lose it in a few years of marriage in DIVORCE.😢😢🙄🙄
Yes!
Y’all trying by all means to complicate peoples lives hey😂😂😂Then what’s the point of it? Hai mahn
Does this ruling apply for professional husband also, because the wife has worked in the business aswell. Earns peanuts and can't even grow as a human making a spot. Can't even apply for Bonds because of suppression of wealth.
Everyone will just create trusts
And then the government will be gunning for them
Family courts have already overturned trusts in favor of women in divorce proceedings. I think it's the Du Toit case, but there are many others.
Too late buddy, just don't get married.
From a man's point of view, you ought to share a portion of your earnings with your partner it's principal. If she loves money and was after ur money why would u be so stupid to marry her? Men and women just want to hide behind a prenup law to cover up their greedy and irresponsible decisions they made in the 1st place. "yea but she changed and wasn't always after my money" it's your own stupidity and ignorance that you would not see she would be corrupted by greed as much as you'd be corrupted by it as well. So pay dues for the responsibility of marriage, marriage after all does not guarantee absolute happiness it was never it's main purpose.
Speak for yourself, not on the the behalf of men. A prenup is an emergency back up plan for a marriage possibly going wrong. It has very little to do with greed. A woman who who was not there when the man made his money shouldn't be entitled to it, this law changes it in her favour now. Greed favours the woman in this regard (if she is the divorcee...and she usually is)
Fair point man, depends from what context obviously. In your case yes I agree.. winnable, but I assume the law was in regard to spouses with kids involved...and so was my comment which I should have stated
What is the main purpose of marriage, please advise
@@Initials_ Women have more and more assets nowadays.
@@JNM834 I don't dispute that, feminism has inspired women to work hard and I respect that. My problem starts when women become entitled to money and assets they didn't earn, they are already entitled to children in divorce courts, now it's money. My point is that this legislation will backfire badly.
Ok Wow, this is intense.
1)Marriage is a sacred union between 2 people who want to become one and they should marry out of LOVE NOT MONEY.
2) If you have to marry Out of Community of Property, that means you should not be getting married, because then you don't trust your partner wholeheartedly.
3) The man is the head of the house and he should provide for his family.
4) Divorce cases peaked when woman started working, because that is where majority of the affairs take place. Not that I want to preach, but God stated the role of the woman and the man. A woman should not be in a man's world.
I understand that there are abusive men, and men were NEVER supposed to mistreat woman, but they do and that's why woman had to become independent. My dad raised me to be independent and never to depend on a man. That came from a place of care from a father to his daughter... And it's the best feeling to be independent considering how men mistreat woman. I am also aware of woman who abuse men, NOT OKAY.
Truly, marriage was instituted by God himself, marriage was there before sin.
There are woman who marry solely for money, that's not right, because that marriage is doomed from the start, that's not a holy union, that is UNHOLY.
Men also marry for money, they have lost their place in this world.
In terms of this case, when it comes to Out of Community of Property, if there was a contribution within the marriage and there was some form of benefit, the claim must be granted by the other spouse. It's only fair.
But maybe rethink getting married, if you really have to put OOCOP to protect your assets from your soon to be spouse.
"have contributed" services that can be paid for.... This act is just designed to take more money from man.... Focus guys focus....DJ Coffee did everything by himself, now the likes of Mbali thinks she's entitled to 50% of everything...😂😂😂
Or the women who are bread winners
@@CbosEasyRecipes7 Those are exceptions... the are more millionaires and billionaires who are men than women. Meaning that this law affect more men and just few women.
Yeah, I'm with you... But we can both agree rich women don't date down....they always date people with more money than them. While men most of the time date down (people with less money than them). Hence I'm saying this law will affect more men than women. But I do get your point, after all, we are individuals...Men just need to be careful... anyway, if you are rich it's not wise to get married.
There is a solution for this problem.dont get married
I’m 19 and I don’t see my self getting married to another 2K😂😂😂 these people will break you
Why get married in the 1st place if you can't share, just remain girlfriend and boyfriend forever qha qwaba xa ungu Lumka.
That's exactly what men are doing now
Let's hope the guys don't marry gold diggers. Many of them wondering around in today's society hiding behind fakeness.
There will be no marriage anymore
I think this law is actually necessary...I see men are triggered but a lot of women walk out of marriages with nothing when they also contributed!! It's sad and its time to tear down the patriarchy!!!
Without the patriarchy, who will defend your rights? because men are who you women always run to when the going gets tough.
A decline in marriage rates will primarily affect women not men and should war erupt like in Ukraine and Israel you modern ladies will be on your own for alienating the men you expect to stand up for you.
What a shameful fracking joke. Set aside this crap.
I will never be convinced that marriage is the thing for me
Thumbsnail should have said “cost him more”
This does not sound good
Just benefit women even more.. I think this laws must not be applied to every province because we want to reserve our culture.. as black people
Please adbise me. I was married, devorce in 1996 in the high court. My ex husband fied 23 Feb 2022. I registerd jis death on 28 Feb. The Dept of Home Affairs told me, occording their system i am still a married women, so they ptint me a death crrtificate that state married.
Home Affair told me, that the Hihh Court never register the devorce with Home Affairs. I apply on 23 March 2022 for a original marrige certifcate(waiting period 8 weeks) now Home Affairs told me to wait till after 16June
I just want to no what is my marital status on the death of my "ex hunsbund"
Finally 🔥🔥🔥🔥
Modern marriage has minimal benefits for a man
Then why do we marry ?
Makes sense. Remember when you married whether out or in you'll buy some of the things together, so incase of a divorce you'll need to share what you have bought together
This is f#ckin crazy 🚮🚮🚮🚮 RIP to marriage, I'm definitely not doing that sh!t💩💩💩💩💩
This law will change again after it's amendments.
Will it cost the man for or the woman who wants the divorce more??
Considering not getting married at all.
Marriage is dead why would anyone do it now
Not getting married at all
It will be very simple if he said marriage is dead than speaking that nonsense.
THE LAW IS THE LAW.........NO MATTER WHAT THE RACE
What about the men who don’t make a single contribution but want to take the ex wife to the cleaners an causes bad debt and she has to clear this to live ?? We’re is the justice for those women who work and work an work n the man gets away with not paying a dime or a account ??? The laws are seemingly for vulnerable women an not all category of women !!
Absolutely wonderful news! The Concourt shouldn't hesitate to confirm the high court ruling.
Concort will dissmiss this nonsense, it also violates ones right to freedom of choice🤷♂️
@@inakomzaza4121 THANK GOD, someone with SANITY!!! This prevents you from ENTERING a contract on your terms and holding you ACCOUNTABLE to that CONTRACT. This is COMPLETE BULLSH#t.. 👌🏽👌🏽👌🏽😤😤😤
@@inakomzaza4121 No! It makes a lot of sense and it restores some justice in marriages. What is totally unjust is when you have wives who get divorced ending up penniless even though they BORE and REARED the children and cared for the home.
Ai awoa
Nyala o nyele
And he says "when woman stay behind cooking n baking in the kitchen looking after children" whats that suppose to mean? She should be rewarded or get paid? We can get a Nanny 4 that if it's too much trouble. Anyway whatever that runs i that house who makes it possible? Divorce its wrong but the lazy government just put a price tag on it, whereas already your Mini Dlamini's has set examples of how to deal with the mans wealth
Lol just you watch as mass divorces start to happen. Why does government have to be involved in an agreement between 2 people anyway. It's much better to just not get married in this case, it will be of not benefit to a man anyway.
It shows how cruel is this world. We ruled by Anti- human
Who be making these laws?🚮
Too iftwn women think bring bodyparts to the table is enough contribution and wanna play the victim, as if they were forced to marry the man. Why shiukd a man or woman split their hard earned assets or inheritance with a spouse. I think this law itself shoulnt apply yo standing legal marraiges, but shoukd be implemented from mow onwards. Imagine how many people will get divorce now lol.
If their body parts are not enough then why do we accept them? We should not if we believe their not enough. I personally chose not to participate in the government contact.
What about people who are staying together as life partners without a contract, for about 6 or more years do they have any rights on the estate should a partner pass away.
Co habitation is not a recognized legal relationship in S.A. Even if you partner nominates you as beneficiary on his pension fund it may not be distributed that way & can go to his financial dependants example minor kids, kids from previous marriage, elderly parents or siblings. As a vat & sit you enjoy no right to partners inheritance. Its only when it comes to tax that you share same benefits as married couple if you prove to a Commissioner that it is intended to be permanent.
For the love of God never buy stuff in only one partners name especially if you are also working. If you pay, take a loan out & get money from your parents to buy things or are gifted things make sure its in your name. Keep & safely file receipts of especially expensive things & appliances. Never ever take put home loans, car loans, education loans for someone you are co-habitating with. If you break up its still your responsibility to pay.
Yes new law says so
If you did help someone accumulate wealth, then it is fair.
This is nonsense