ENDING A MUSLIM MARRIAGE

The Divorce Amendment Act (No 1 of 2024) provides for recognition and protection of Muslim marriages in South Africa. It integrates specific provisions for Muslim marriages into the Divorce Act and addresses issues that were lacking for Muslim marriages. Key changes introduced by the Divorce Amendment Act and their implications for Muslim couples include:

• Definition of Muslim marriages – A Muslim marriage can now be ended by a court order just like any other marriage. This gives Muslim couples access to the same legal procedures and protections when they are ending their marriage.
• Maintenance and care of children – The Act gives courts the power to make orders regarding the maintenance, care, guardianship or contact with children from Muslim marriages. Courts can now make fair and just decisions about child custody, care and support, allowing Muslim parents to seek legal support when needed.
• Redistribution of Assets – The Act allows for the redistribution of assets if a Muslim marriage is dissolved. The courts can order assets to be transferred between the parties, taking into account their direct or indirect contributions to the maintenance or increase of the estate during the marriage. This supports a fair division of marital assets.
• Forfeiture of patrimonial benefits – Courts can order a party in a Muslim marriage to forfeit or lose their benefits if this is just and equitable. The courts will consider the duration of the marriage, the circumstances that led to its breakdown, and any misconduct by either party when making the decision.

The Divorce Amendment Act applies to all existing Muslim marriages, or Muslim marriages that are in the process of being terminated.

ENDING A HINDU MARRIAGE

If a man and woman were married by a priest in the Hindu religion, but they did not also have a civil marriage, the law says they were not lawfully married. So they don’t need to use the court if they want to get divorced. The current law does not protect Hindu women and children born into such marriages if they dissolve.