General Laws (Family Matters) Amendment Bill seeks fairer protection for spouses who have made nonfinancial contributions during a marriage.
The proposed General Laws (Family Matters) Amendment Bill represents one of the most significant shifts in SA’s family law system in decades, and its impact on property ownership could be profound.
The Bill stems from a 2023 Constitutional Court ruling and is designed to provide fairer financial protection for spouses who have made nonfinancial contributions during a marriage.
That is more than just a legal technicality — it is a structural change that challenges the idea that formal contracts alone should determine what’s fair. Too often the ability of one spouse to grow wealth or acquire property is made possible by the unseen or unpaid support of another.
Under the new law, surviving spouses or divorcing parties will be able to apply for a court-ordered redistribution of assets — including primary residences, investment properties and property within a deceased estate. Courts will consider factors such as the length of the marriage, each party’s contributions and the arrangements that defined the relationship.
That marks a strong departure from the existing framework which historically has restricted asset claims in marriages with non-accrual contracts. The reform acknowledges the human realities that underpin legal structures.
For the property sector the implications are extensive. Real estate is deeply intertwined with life events, and this bill adds new dimensions of risk and responsibility. Attorneys, sellers and realtors will now need to plan for scenarios involving estate transfers and asset reallocations outside traditional sale structures.
Our mission has always been to simplify and secure access to funds already in motion during property transactions. These legislative updates reinforce the need for flexibility, legal alignment and operational clarity.
This is a call to stay ahead and to rethink ownership, obligation and access. In a property ecosystem already strained by registration delays and compliance complexity, the ability to adapt will become a key differentiator.
This bill reminds us that property rights are never just about land or bricks — they are about people, relationships and fairness.