Mrs G's court victory a win for women as court declares portions of Divorce Act unconstitutional

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A landmark Pretoria high court ruling this week has succeeded in having the Divorce Act declared unconstitutional and invalid, clearing the way for women who did not earn financially during their marriage and would therefore not qualify for any kind of ...

She and her husband lived on a large farm in a rural area and had three children — all of whom were high achievers. This meant that Mrs G was extremely involved in their schooling, did a huge amount of transporting them, was an exemplary wife and mother and was heavily involved in community work.

The family lived a luxurious life, driving luxury cars and enjoying overseas holidays. However, the marriage was abusive and the couple separated in 2016. Mrs G then went about finding a way to challenge what she believed to be an unfair situation in which her pending divorce would ordinarily see her walk away with nothing more than a small inheritance she received from her mother.

“My client went to a number of attorneys who told her she didn’t have a case. Eventually she came to me in 2019, and I was keen to take this on because I have always thought the law was unfair,” said specialist family lawyer Beverley Clark of Clarks Attorneys.

 

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