In GD v Minister of Home Affairs and Others [2026] ZACC 39, handed down on 9 October 2026, the Court confirmed that section 7(7)(c) of the Divorce Act 70 of 1979 is unconstitutional and invalid. The provision excluded pension interests from consideration in certain divorce proceedings involving marriages concluded on or after 1 November 1984, where the parties were married out of community of property and expressly excluded the accrual system.

⚖️ What does this mean in practice?

Previously, a spouse married out of community of property without accrual could face a significant obstacle when seeking redistribution of assets, because the other spouse’s pension interest was excluded from the relevant calculation.

The Constitutional Court found that this exclusion was constitutionally unacceptable, including because of its discriminatory impact on women. The judgment removes this barrier to considering pension interests in the relevant redistribution proceedings.

Who may be affected?

The judgment is particularly relevant to spouses who:

- Were married out of community of property;

- Expressly excluded the accrual system in their antenuptial contract; and

- Are involved in, or are contemplating, divorce proceedings in which redistribution of assets may be sought.

Importantly, the judgment does not mean that every spouse is automatically entitled to half of the other spouse’s pension interest. The applicable legal requirements, the circumstances of the marriage and the relief sought remain relevant.

The Court’s order also preserves existing legal consequences arising before the order was made. The implications for a particular matter must therefore be assessed with care.

Why is this judgment important?

This decision represents a significant development in the intersection between matrimonial property law, pension interests and constitutional equality. It reinforces the importance of ensuring that South Africa’s divorce laws comply with the Constitution and that the financial consequences of divorce are considered within the applicable legal framework.

Considering divorce or concerned about your matrimonial property regime?

Your antenuptial contract, the date of your marriage and your particular financial circumstances may have important consequences for your rights and obligations.

At Neumann van Rooyen Attorneys, we encourage anyone affected by these developments to obtain appropriate legal advice before making decisions about their matrimonial property or divorce proceedings.

📩 Contact our team for guidance on your particular circumstances.

[GD v Minister of Home Affairs and Others \[2026\] ZACC 39](https://www.concourt.org.za/index.php/judgement/665-gd-v-minister-of-home-affairs-and-others-cct-60-25?tmpl=component