Divorce Act, 1979 (Act No. 70 of 1979)9. Forfeiture of patrimonial benefits of marriage |
| (1) | When a decree of divorce is granted on the ground of the irretrievable break-down of a marriage, including a Muslim marriage, the court 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, if the court, having regard to the duration of the marriage, the circumstances which gave rise to the break-down thereof and any substantial misconduct on the part of either of the parties, is satisfied that, if the order for forfeiture is not made, the one party will in relation to the other be unduly benefited. |
[Section 9(1) substituted by section 5 of the Divorce Amendment Act, 2024, Notice No. 4821, GG50651, dated 14 May 2024]
| (2) | In the case of a decree of divorce granted on the ground of the mental illness or continuous unconsciousness of the defendant, no order for the forfeiture of any patrimonial benefits of the marriage shall be made against the defendant. |