Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy. This ordinance og 643 amends the common law by setting forth additional grounds for divorce. Loi sur le divorce is the federal act that governs divorce in canada. S 6, 8, 12 amended by transfer of powers and duties of the state president act 97 of 1986. This site is maintained for the illinois general assembly by the legislative information system, 705 stratton building, springfield, illinois 62706. Indian divorce amendment act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. Divorce act 70 of 1979 divorce act canadas divorce act r. Because of the terms upon which resources were granted, and, still more, because of the interrelationships involved, the draft presents a unified proposal.
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. Australias laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the family law act 1975, which established nofault divorce in australia. Divorce act, act 70 of 1979 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. Divorce act 70 of 1979 page 1 of 12 divorce act 70 of. Marriage and divorce 1 marriage and divorce divorce laws amendment ordinance 18 of 1935. Matrimonial causes jurisdiction act 22 of 1939, as amended in south africa to november 1979. The act was a radical piece of social legislation that gave south asian muslim women greater rights for divorce than those enjoyed by other women in india and. Pdf dilemma of muslim women regarding divorce in south africa. Power of entry into and inspection of premises, etc. Divorce act, 1979 laws of south africa university of pretoria. Nov 06, 2014 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. Under the 1979 divorce act, which governs commonlaw marriages, a decree of divorce. Divirce act 70 of 1979 divorce act 70 of 1979 page 1 of 12.
As this is a file with many pages, you may have difficulty to open it with your mobile device. An act to make provision for imposing charges to secure payment of money due, or to become due, under judgments or orders of court. If a notarial act is performed under this section, the 4 certificate required by subsection c. Pdf divorce law provides the framework that governs the circumstances under which a. Revised legislation carried on this site may not be fully up to date. Transfer of powers and duties of the state president act 97 of 1986. Divorce act, 1979 wikisource, the free online library. While we strive to keep our library of policies and. The uniform marriage and divorce act was written by the american law insti tute and amended as a. 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. Divirce act 70 of 1979 divorce act 70 of 1979 page 1 of.
South africa divorce act 70 of 1979 the centre for affordable housing finance in africa cahf has accessed this document from an external source. Divorce act, 1979unamended wikisource, the free online library. Grounds for absolute divorce in cases of incurable insanity. Higgins signed into law the family law act 2019 which amended the 1996 divorce act by shortening the period of separation from four years to two years and reduced waiting period, which occurs after the divorce is filed, from five years to three years. Feb 29, 2012 6 if an order under section 60 of the childrens act, 1960, is rescinded, or if an order under subsection 1 of this section or under the divorce act, 1979, granting the sole guardianship or custody of a minor to a parent, lapses or is rescinded or is varied in such a manner that the parent is no longer the sole guardian or vested with. 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, 1979unamended wikisource, the free online. The laws mentioned in the schedule are hereby repealed to the extent set out in the third column of the schedule. 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. Irretrievable breakdown of marriage as ground of divorce.
But botswana would not hold that position for long. The indian divorce act 1869 is the law relating to the divorce of person professing the christian religion. The uniform marriage and divorce act is promulgated as one interlocking and interdependent piece of legislation. However, if you got married out of community of property without accrual before the enactment of the matrimonial property act in other words, before 1 november 1984 there is a way you can still claim from your spouses estate at divorce. The african ejournals project has digitized full text of. Links to family law and divorce law legislation in south africa. On 1 july 1979 the south african divorce act act 70 of 1979, entered into force, and one cannot help observe that the new south african divorce. Divorce amendment act, 1989 wikisource, the free online library. 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. Nov 20, 20 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 of 1979 the divorce act. Secondly, the effect of granting a secular divorce in terms of the divorce act 70 of 1979 the divorce. We are the leading resource for freely available legislation in south africa and are used daily by thousands.
Indian divorce amendment act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the. The constitutionality of section 73 of the divorce act 70. The appellant and the first respondent in k v k and another 20 jol 30037 wcc were married in community of property during 1978 and divorced on 8 september 2005 at the time of. Amendment of section 72 of act 66 of 1965, as amended by section 7 of act 54 of 1970.
I will illustrate that the court does not have discretion whether or not to grant the pension interest to the party claiming it, but rather that such a party would be entitled to the pension interest by virtue of the. For the latest covid19 news, updates and advice from the australian government, visit. Illinois compiled statutes illinois general assembly. Act put the country in a frontline position among the jurisdictions of southern africa, particularly with regard to the law of divorce. The constitution of canada gives the federal parliament exclusive jurisdiction to regulate the law of marriage and divorce. This is called a redistribution order and is dealt with in section 73 of the divorce act no. Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two. The constitution of canada gives the federal parliament exclusive jurisdiction to regulate the law of. Find out how our services are being delivered and how you can access them. 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. Amendment of section 5 of act 37 of 1953, as amended by section 2 of act of 1966. Pdf on a daily basis people enquire about the dissolution of islamic marriages, in terms of south african law in south africa.
Section 73 of the divorce act states that a court granting a decree of divorce in respect of a marriage out of community. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. In discussion paper 98 the present position regarding the publi cation of divorce proceedings in south africa was discussed, the. 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.
Mental illness or continuous unconsciousness as grounds of divorce. Divorce act 70 of 1979 above link will open in a new window or tab. 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. It was extended to the former homelands on 1 april 1997 by the justice laws rationalisation act, 1996. The dissolution of marriages on presumption of death act 23 of 1979, the divorce act 70 of 1979 hahlo, h.
Amended by mediation in certain divorce matters act 24 of 1987. I will illustrate that the court does not have discretion whether or not to grant the pension interest to the party claiming it, but rather that such a party would be entitled to the pension interest by virtue of the marital regime applicable to his or her marriage as well as the deeming provision of the divorce act 70 of 1979 the divorce act. Divorce act, 1979 act no 70 of 1979 divorce act, 1979 act no 70 of 1979 1. The constitutionality of section 73 of the divorce act. This ordinance og 643 amends the common law by setting forth additional grounds for. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. It was extended to the former homelands on 1 april 1997 by. Pdf dilemma of muslim women regarding divorce in south.
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