Divorce law in South Africa is governed by a statute that is now more than four decades old. The Divorce Act 70 of 1979 still sets the framework for every decree of divorce granted by our courts, from the single ground of irretrievable breakdown to the rules on dividing the joint estate. If you are reading headlines about “new divorce laws in 2026,” it pays to understand what has actually changed and what is still only a proposal.
This article sets out the position honestly. South Africa has not passed a brand-new Divorce Act in 2026. What it has done, recently, is amend the existing Act to extend its protection to spouses in Muslim marriages, and it is currently considering further reforms through the General (Family) Laws Amendment Bill B20-2025 and the South African Law Reform Commission’s ongoing Project 100 family of investigations. Below is what you actually need to know, separated from the noise.
Because most of the real 2026 developments are still in draft or consultation form, the practical rules for an ordinary divorce have not shifted as dramatically as some summaries suggest. The detail matters, and at Otrebski Attorneys our Family Law department tracks each reform closely so that advice given to clients reflects the law as it stands, not as it might one day become.
The Divorce Act 70 of 1979 Is Still the Governing Law
The starting point for any South African divorce in 2026 is the Divorce Act 70 of 1979. It is the statute a regional or high court applies when it grants a decree of divorce, and it has been the framework for more than 40 years. South Africa moved to a genuinely no-fault system in 1979, which means the court does not ask whose “fault” the marriage ended. The only ground for divorce is the irretrievable breakdown of the marriage, proved in the ways the Act sets out. Cost factors for divorce in South Africa can vary significantly based on several variables, including attorney fees, court costs, and the complexity of the case. Couples should prepare to account for these expenses when navigating the divorce process to avoid financial strain. Understanding these costs can help individuals make informed decisions and potentially minimize their financial burdens.
This is an important correction to a common misconception. There is no new “no-fault” reform arriving in 2026, because the country has had a no-fault system since 1979. What has changed, and what may change, are narrower, specific questions such as which marriages the Act covers, how the estate is redistributed, and how family disputes are best resolved.
The Divorce Amendment Act 1 of 2024: Muslim Marriages
The most significant recent change to the Divorce Act is the Divorce Amendment Act 1 of 2024, which came into effect on 14 May 2024. Before this amendment, spouses in Muslim marriages could not rely on the Divorce Act and were left without the protections a civil divorce offers, including court-supervised division of assets and forfeiture orders. The 2024 Amendment closed that gap.
Key features of the Amendment include:
- A defined “Muslim marriage”. The Act now recognises a marriage entered into or concluded in accordance with the tenets of Islam, bringing it within the divorce framework.
- Court-ordered dissolution. A Muslim marriage can now be dissolved by court order rather than only by talaq, giving both spouses equal standing to approach the court.
- Asset redistribution. The provisions on redistribution of assets, including in polygamous marriages, now extend to Muslim marriages, with the court directed to consider any agreement between the parties.
- Forfeiture of benefits. A spouse may apply for forfeiture where the other spouse would otherwise be unjustly enriched.
- Protection of children. The provisions dealing with maintenance, care, and contact of minor or dependent children now apply equally to children of Muslim marriages.
The Amendment applies to Muslim marriages subsisting from 15 December 2014 onwards, and to divorce proceedings that had commenced but were not yet finalised when it came into operation. This is the single clearest example of “new divorce law” in the recent period, and it is already in force.
The General (Family) Laws Amendment Bill B20-2025
Looking ahead to 2026, the reform to watch is the General (Family) Laws Amendment Bill B20-2025, introduced in Parliament on 13 August 2025 and currently under consideration by the Portfolio Committee on Justice and Constitutional Development. The Bill is not yet law. It proposes to amend the Divorce Act, the Matrimonial Property Act, and related family legislation.
The Bill’s headline aim is to widen the redistribution remedy. In plain terms, it seeks to give the court broader powers to transfer assets between spouses on divorce, with particular attention to spouses married out of community of property (including those married with accrual) who might otherwise walk away from a long marriage with little or nothing. It also responds to a finding that the Divorce Act was constitutionally deficient to the extent it failed to deal with the dissolution of a marriage by death.
Because the Bill is still moving through Parliament, its final form may differ from the draft. Until it is enacted and brought into operation, the current text of the Divorce Act, as amended in 2024, remains what your attorney will apply. Treat commentary that presents the Bill as already binding with caution.
The South African Law Reform Commission’s Project 100
Behind the headline amendments sits a longer-running review. The South African Law Reform Commission (SALRC) has, for some years, been working on what it calls Project 100, a family of related investigations into family law. Rather than one sweeping rewrite of divorce law, Project 100 is broken into sub-projects, each focused on a defined problem.
- Project 100A examined care and contact with children and alternative dispute resolution in family matters.
- Project 100B reviews the Maintenance Act 99 of 1998, which intersects directly with spousal and child maintenance on divorce.
- Project 100D is developing an integrated approach to the resolution of family law disputes, with implications for how divorce-related conflict is managed.
- Project 100E reviews aspects of matrimonial property law, including questions around section 12 of the Divorce Act, which deals with the publication of divorce proceedings.
These investigations have produced discussion papers and reports that feed into the legislative process. They are the reason observers expect further, incremental reform over the coming years rather than a single new Act. Following the SALRC’s published work is the most reliable way to anticipate where South African divorce law is heading.
Procedural and Practical Trends in 2026
Away from Parliament, the day-to-day practice of family law is also shifting. None of these trends is a new statute, but each affects how a divorce is run and what a spouse should expect.
- Mediation before litigation. Courts increasingly expect parties to attempt settlement before trial. Mediation, including through organisations such as FAMSA, reduces cost and delay and is now a routine first step in many matters.
- Streamlined uncontested divorces. Where spouses agree on the terms, simplified documentation and enrolment on the unopposed roll allow a divorce to be finalised within weeks rather than years.
- Disclosure of digital assets. Cryptocurrency, online business income, and digital investments must be disclosed and valued as part of the estate. Courts treat them like any other asset.
- Children first. The Children’s Act 38 of 2005, read with the Divorce Act, continues to drive a child-centred approach, with parenting plans, the Family Advocate, and the office of the Family Advocate central to care and contact outcomes.
- Section 7 considerations. On redistribution and forfeiture, courts weigh factors including the duration of the marriage, any substantial misconduct, and the parties’ respective financial positions, and these principles are applied consistently in 2026.
What This Means for Your Divorce
If you are considering divorce in 2026, the practical takeaway is that the core law has not been replaced. The Divorce Act 70 of 1979, as amended, governs your matter. The 2024 Amendment extending the Act to Muslim marriages is already in force, and the 2025 Bill, if enacted, may widen redistribution remedies, but it is not yet binding. Sound advice in 2026 therefore rests on the current Act, with one eye on the pending reform.
Otrebski Attorneys handles divorce from a single office in Sandton. We are a 100% women-led firm with a Level 4 B-BBEE rating and a 5-star Google rating across 12 reviews, and our director, Nastasja Otrebski, leads a dedicated Family Law department. We advise on the full range of divorce matters, from uncontested settlements to complex contested estates, and we track legislative reform so that strategy is built on the law as it is, not as rumour says it might be.
Frequently Asked Questions
Is there a new Divorce Act in South Africa in 2026?
No. The Divorce Act 70 of 1979, as amended, remains the governing statute in 2026. The most recent amendment is the Divorce Amendment Act 1 of 2024, which extended the Act to Muslim marriages and came into effect on 14 May 2024. Further reform is proposed in the General (Family) Laws Amendment Bill B20-2025, but that Bill is still under consideration by Parliament and is not yet law.
What did the Divorce Amendment Act 1 of 2024 change?
The Amendment, effective from 14 May 2024, brought Muslim marriages within the Divorce Act. It allows a Muslim marriage to be dissolved by court order, extends the asset redistribution and forfeiture provisions to Muslim marriages (including polygamous ones), and protects the maintenance, care, and contact rights of minor or dependent children of those marriages. It applies to Muslim marriages subsisting from 15 December 2014 onwards.
What is the General (Family) Laws Amendment Bill B20-2025?
It is a Bill introduced in Parliament on 13 August 2025 that proposes to amend the Divorce Act and the Matrimonial Property Act, among other laws. Its main aim is to widen the redistribution remedy available to spouses, particularly those married out of community of property, and to address constitutional issues around the dissolution of marriage by death. It is still before Parliament and is not yet in force.
Is South Africa a no-fault divorce country?
Yes, and it has been since 1979. The only ground for divorce under the Divorce Act is the irretrievable breakdown of the marriage. The court does not assign fault for the marriage ending, although conduct can still be relevant to questions such as redistribution and forfeiture of benefits.
What is SALRC Project 100?
Project 100 is the South African Law Reform Commission’s ongoing review of family law, split into sub-projects covering care and contact with children, the Maintenance Act, an integrated approach to family dispute resolution, and aspects of matrimonial property law. Its discussion papers and reports feed into the legislative process and underpin reforms such as the 2025 Bill.
Get help with your divorce. Otrebski Attorneys’ Family Law department in Sandton advises on the Divorce Act 70 of 1979 as it stands today, including the 2024 amendments for Muslim marriages and the reforms still before Parliament. As a 100% women-led firm with a Level 4 B-BBEE rating and a 5-star Google rating, led by director Nastasja Otrebski, we focus on honest, current advice and the earliest defensible settlement for your matter.
Disclaimer. This article is general information about divorce law in South Africa as at 2026 and is not legal advice for your specific matter. Legislation referenced, including the Divorce Amendment Act 1 of 2024 and the General (Family) Laws Amendment Bill B20-2025, may be amended, replaced, or brought into operation in changed form. For advice on your own circumstances, confirm the current position with the Department of Justice, the South African Law Reform Commission, or a qualified family law attorney before acting.