ANOTHER WIN FOR WOMEN AND CHILDREN
The Divorce Amendment Bill has been signed into law, which means that Muslim marriages are now recognised in South African law, and the rights and interests of women and minor and dependent children in these marriages are now safeguarded and protected.
Muslim couples who choose to marry according to Islamic or Sharia law are now afforded statutory protection in terms of South African Family Law, whether registered as civil marriages or not. The remedies which have always been available to other women in civil or customary marriages, will now extend to women who have entered marriages in accordance with the tenets of Islam too.
As this is an all-new concept in our law, we expect that there will be teething issues as the law continues to develop. Be that as it may, it is definitely a step in the right direction.
Adams & Adams has a team specialising in Family Law that is available to assist with any queries and resolve any uncertainty that you may have. The team can be contacted at Courtney.Elson@adams.africa or Shani.VanNiekerk@adams.africa.
Shani van Niekerk
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