09 Feb 2023

CONSTITUTIONAL COURT MATTER ON THE REDISTRIBUTION OF MARITAL ASSETS POSTPONED

by Candice Eve-Friis, Partner, Durban,
Practice Area(s): Child & Family | Litigation |

The long awaited Constitutional Court hearing in the matter of Greyling v Minister of Home Affairs and others, which declared Section 7(3)(a) of the Divorce Act, which gives the court a discretion to redistribute assets in respect of marriages out of community of property concluded before 1984, as unconstitutional, has regrettably had to be postponed due to the President’s State of the Nation Address and the opening of Parliament which are on the same day. The matter has been postponed to 10 May 2023 at 10h00 and it will be heard together with the matter of Booysen v Richardson and Others 2021, which also deals with the constitutional validity of Section 7(3) of the Divorce Act.