JOHANNESBURG - Lawyers acting for a woman behind a bold constitutional challenge to the Divorce Act said that it stood to make a difference in the lives of thousands of people across the country.
In May 2022, the Pretoria High Court ruled in the woman's favour, and now the judgment is headed to the Constitutional Court for confirmation. The woman herself was married out of community of property without accrual in 1988. Decades on, she and her husband, a wealthy farmer, are in the process of a divorce.
As her attorney, Beverley Clark of Clarks Attorneys, explains this was a matter of "huge public interest", with thousands of people married in the same way. Clark said many people, and women in particular, were trapped in bad marriages as a result.
Getting married out of community of property with accrual is the standard Anti nuptial contract these days If the one party is wealthy then I guess the accrual during the marriage not being 50/50 is something that can be looked it. But it certainly cannot be 100/0