To the Vulnerable people who are forced to stay in a loveless marriage, section 3 of the Divorce Amendment Act 1 of 2024, allows any party to the said Muslim marriage, to approach the Divorce Court for the Marriage to be dissolved.

The following grounds are sufficient to institute the Divorce:

You have not lived together as husband and wife for an uninterrupted period of a year before instituting the divorce,

• Defendant is involved in an extra marital affair, and you cannot find it in your heart to forgive him/her,
• Defendant is declared a habitual criminal and is serving a sentence,
• Defendant is declared mentally incapacitated or unconscious in terms of the Mental Health Act.

The Divorce Amendment Act came into being after the Judgement of President of the Republic of South Africa & Others v Women’s legal Centre Trust & Others; Minister of Justice and Constitutional Development v Faro & Others; Minister of Justice and Constitutional Development v Esau & Others 9 (Case No.61/19) [2020] ZA SCA 177).

The main issues that were highlighted were:

• The Divorce Act 70 of 1979 fails to make provision for the Redistribution of assets, when redistribution would be just,
• Failure to provide mechanisms to safeguard the welfare of minor /dependent children born of other marriages that are dissolved,
• Forfeiture of Matrimonial benefits, and
• Definition of marriage does not include Muslim marriages.

To proceed with the Divorce, one must be able to provide the Court with a valid marriage certificate, or a declaratory order. It is advisable to register your marriage at the Department of Home Affairs after the celebration of the religious marriage.