{"id":166,"date":"2024-04-19T02:33:58","date_gmt":"2024-04-19T02:33:58","guid":{"rendered":"https:\/\/demo.casethemes.net\/consultio-law\/?p=166"},"modified":"2024-05-13T06:22:01","modified_gmt":"2024-05-13T06:22:01","slug":"strategy-for-norways-peion-to-fund-global","status":"publish","type":"post","link":"https:\/\/mlambolegal.co.za\/index.php\/2024\/04\/19\/strategy-for-norways-peion-to-fund-global\/","title":{"rendered":"The amendment of Section 7(3)(a) of the Divorce Act will bring a relief to spouses married out of community of property."},"content":{"rendered":"<h3 class=\"elementor-heading-title elementor-size-medium\">The Constitutional Court has granted in favour the judgment made by the Gauteng High Court in Pretoria. In the Greyling v Minister of Home Affairs, High Court in Pretoria declared that section 7(3)(a) of the Divorce Act was inconsistent with the Constitution. The Court has declared that Section 7(3)(a) is invalid as it does not assist couples who entered into marriages out of community of property excluding the accrual system.<\/h3>\n<p>The Constitutional Court also focused on the argument of Mrs Greyling which dealt with the differentiating of couples who entered into a marriage before and after the commencement of the Matrimonial Property Act. The Applicant\u2019s attorneys argued that this section was unjustifiable and was an indirect discrimination on the grounds of gender. Prior the formation of the Matrimonial Property Act , the redistribution claim was not extended to parties who entered into marriages that were out of community of property and excluding the accrual system. As per section 7(4) of the Divorce Act, the redistribution claim is not an automatic entitlement and individuals who are instituting this claim must prove how they contributed towards the enrichment of the other individual\u2019s estate.<\/p>\n<p>There were various concerns regarding the validity of the ante-nupital agreement in the event that the Constituional Court agrees with the High Court judgment. The Court responded by providing section 7(5)(d) of the Divorce Act which provides that the court has to consider all contributing factors when deciding whether to grant a redistribution claim. Therefore, it could be said that there is more change to happen in this field of law as the concept of marriage is constantly being redefined and shaped to suit the developing society.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Constitutional Court has granted in favour the judgment made by the Gauteng High Court in Pretoria.<\/p>\n","protected":false},"author":2,"featured_media":4305,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-166","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce"],"_links":{"self":[{"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/posts\/166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/comments?post=166"}],"version-history":[{"count":3,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/posts\/166\/revisions"}],"predecessor-version":[{"id":4308,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/posts\/166\/revisions\/4308"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/media\/4305"}],"wp:attachment":[{"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/media?parent=166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/categories?post=166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mlambolegal.co.za\/index.php\/wp-json\/wp\/v2\/tags?post=166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}