Divorce Act 70 of 1979
The Divorce Act governs the dissolution of marriages in South Africa. Enacted in 1979, it replaced the Matrimonial Causes Act of 1939 and establishes the grounds for divorce, including irretrievable breakdown of the marriage and incurable insanity. The Act addresses maintenance of spouses and children, and the division of joint estate upon divorce.
Legal area: Law relating to marriage, divorce, child custody, and domestic relationships.
Year enacted: 1979
Full text: https://www.gov.za/documents/south-africa-divorce-act-70-of-1979
Key Provisions
- Section 3: Irretrievable breakdown of marriage as ground for divorce
- Section 4: Incurable insanity and continuous unconsciousness as grounds
- Section 5: Factors considered in determining breakdown including separation period
- Section 7: Ancillary relief including custody, maintenance, and patrimony
- Section 8: Divorce settlement agreements and court approval
- Section 9: Division of assets including accrual system
Significance
The Divorce Act is the principal statute governing marriage dissolution. The Act shifted the grounds for divorce from fault-based to irretrievable breakdown, reflecting modern family law principles. It has been interpreted in numerous constitutional cases regarding maintenance and the division of matrimonial property.