The Divorce Act vs the Constitution

The case of a Mpumalanga couple, who divorced after 26 years of marriage because the woman had affairs, among others, sparked a closer look at whether Section 9 of the Divorce Act was outdated in the High Court in Pretoria.

A magistrate earlier ruled that the woman forfeited some of the financial benefits she and her husband acquired during their marriage, as she had cheated on him.

Charles Mendelow of Charles Mendelow Attorneys dissected the issue of cheaters and benefits in divorce.

“The length of the marriage is a big factor and the courts are reluctant to lend forfeiture,” Mendelow said.

He also noted that the tendency of the court is moving away from black and white judgementalism.

Listen Charles Mendelow discusses adultery and benefits in divorce.

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