Divorce Act, 1979 (Act No 70 of 1979)

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Act

1. Definitions

2. Jurisdiction

3. Dissolution of marriage and grounds of divorce

4. Irretrievable break-down of marriage as ground of divorce

5. Mental illness or continuous unconsciousness as grounds of divorce

5A. Refusal to grant divorce

6. Safeguarding of interests of dependent and minor children

7. Division of assets and maintenance of parties

8. Rescission, suspension or variation of orders

9. Forfeiture of patrimonial benefits of marriage

10. Costs

11. Procedure

12. Limitation of publication of particulars of divorce action

13. Recognition of certain foreign divorce orders

14. Abolition of orders for restitution of conjugal rights and judicial separation

15. Application of Act

16. Amendment of section 5 of Act 37 of 1953, as amended by section 2 of Act 13 of 1966

17. Amendment of section 72 of Act 66 of 1965, as amended by section 7 of Act 54 of 1970

18. Repeal of laws

19. Short title and commencement

Schedule

 

This Act applies to all subsisting Muslim marriages, including a Muslim marriage—

(a) which was terminated or dissolved in accordance with the tenets of Islam and where legal proceedings for the dissolution of the said Muslim marriage in terms of the Divorce Act, 1979 (Act No. 70 of 1979) have been instituted but not yet finalised; and
(b) which subsisted as at 15 December 2014.

 

[Application inserted by section 6 of the Divorce Amendment Act, 2024, Notice No. 4821, GG50651, dated 14 May 2024]