'Groundbreaking moment': Attorney explains ConCourt decision to order changes to the Divorce Act

The Constitutional Court has ordered Parliament to make changes to the Divorce Act. The Commission for Gender Equality (CGE) has noted this as a victory for women and their rights after two divorced women challenged divorce legislation. The Constitutional Court's decision to order changes to the Divorce Act was based on a constitutional challenge to section 7(3) of the Act. This section allows courts to make an equitable order to redistribute assets of spouses who got divorced and were married out of community of property.

However, the court found that this section indirectly discriminates against spouses based on gender, which impairs a woman's fundamental human dignity when no recognition is given to her contribution to her husband's estate.

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