THE BIG DIVORCE SHAKE-UP
YOU South Africa|2 June 2022
A landmark court ruling, which found in favour of a woman left with no rights when her marriage collapsed, is being hailed as a watershed moment for spouses trapped in unhappy marriages
ROXANNE MOONEYS
THE BIG DIVORCE SHAKE-UP

IT'S been a sadly common South African story for decades: a divorced spouse is left with nothing to show after years of marriage, no matter how hard they worked in the family home. But a recent landmark ruling by the North Gauteng high court in Pretoria is set to change all that - and it's being hailed as a watershed moment for women, who are usually the ones left high and dry after divorce.

The woman in this case, known only as Mrs. G, was just 22 years old when she married the man with whom she was head over heels in love. Before the wedding, the groom's father presented her with a one-page antenuptial contract. No community of property and no accrual would apply to the marriage - but Mrs. G, young and optimistic, signed the piece of paper.

Over the next 30 years, she raised three high-achieving children on the prosperous farm run by her wealthy husband. Her life revolved around the kids, the home, and various community projects; he ran the business, buying up more land and winning several agricultural awards.

The family travelled overseas and had all the trappings of success, but Mrs. G was not happy. Her husband was abusive and in 2016 she filed for divorce - when she discovered that if she walked away, she would have little more than the clothes on her back. All she had to her name was a small inheritance from her mother.

She decided to challenge the constitutionality of the Divorce Act. For three decades she'd dedicated herself to her family yet she was entitled to nothing she and her husband had owned or accumulated. Because of her inheritance, she wasn't entitled to maintenance.

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