This is the version of this Act as it was from 15 June 1979 to 31 October 1984. Read the latest available version.
South Africa
Divorce Act, 1979
Act 70 of 1979
- Published in Government Gazette 6506 on 15 June 1979
- Assented to on 8 June 1979
- Commenced on 1 July 1979
- Note: See section 19
- [This is the version of this document as it was from 15 June 1979 to 31 October 1984.]
1. Definitions
2. Jurisdiction
3. Dissolution of marriage and grounds of divorce
A marriage may be dissolved by a court by a decree of divorce and the only grounds on which such a decree may be granted are—4. Irretrievable break-down of marriage as ground of divorce
5. Mental illness or continuous unconsciousness as grounds of divorce
6. Safeguarding of interests of dependent and minor children
7. Division of assets and maintenance of parties
8. Rescission, suspension or variation of orders
9. Forfeiture of patrimonial benefits of marriage
10. Costs
In a divorce action the court shall not be bound to make an order for costs in favour of the successful party, but the court may, having regard to the means of the parties, and their conduct in so far as it may be relevant, make such order as it considers just, and the court may order that the costs of the proceedings be apportioned between the parties.11. Procedure
The procedure applicable with reference to a divorce action shall be the procedure prescribed from time to time by rules of court.12. Limitation of publication of particulars of divorce action
13. Recognition of certain foreign orders
14. Abolition of orders for restitution of conjugal rights and judicial separation
It shall not be competent for a court to issue an order for the restitution of conjugal rights or for judicial separation.15. Application of Act
This Act shall not apply with reference to a divorce action or proceedings for the restitution of conjugal rights or for judicial separation instituted before the commencement of this Act.16. Amendment of section 5 of Act 37 of 1953, as amended by section 2 of Act 13 of 1966
Section 5 of the Matrimonial Affairs Act, 1953, is hereby amended—17. Amendment of section 72 of Act 66 of 1965, as amended by section 7 of Act 54 of 1970
Section 72 of the Administration of Estates Act, 1965, is hereby amended by the substitution for that part of subsection (1) which precedes paragraph (b) thereof, of the following:"(1) The Master shall, subject to the provisions of subsection (3) and to any applicable provision of section 5 of the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), and section 4 of the Matrimonial Affairs Ordinance, 1955 (Ordinance No. 25 of 1955), of the territory, or any order of court made under any such provision or any provision of the Divorce Act, 1979, on the written application of any person—18. Repeal of laws
The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.19. Short title and commencement
This Act shall be called the Divorce Act, 1979, and shall come into operation on 1 July 1979.History of this document
14 May 2024
Amended by
Divorce Amendment Act, 2024
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22 October 2020
09 August 2010
31 March 2005
01 June 1998
06 April 1998
01 April 1997
22 November 1996
Amended by
Divorce Amendment Act, 1996
Read this version
01 August 1992
Amended by
Domicile Act, 1992
Read this version
15 April 1992
Amended by
Divorce Amendment Act, 1992
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01 October 1990
01 August 1989
Amended by
Divorce Amendment Act, 1989
Read this version
02 December 1988
03 October 1986
01 November 1984
Amended by
Matrimonial Property Act, 1984
Read this version
01 July 1979
Commenced
Note: See section 19
15 June 1979 this version
08 June 1979
Assented to
Cited documents 8
Legislation 8
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Magistrates' Courts Act, 1944 | 2704 citations |
3. | Pension Funds Act, 1956 | 1510 citations |
4. | Films and Publications Act, 1996 | 167 citations |
5. | Matrimonial Affairs Act, 1953 | 45 citations |
6. | General Law Amendment Act, 1968 | 43 citations |
7. | Publications Act, 1974 | 29 citations |
8. | Matrimonial Affairs Amendment Act, 1966 | 2 citations |
Documents citing this one 206
Judgment 145
Gazette 52
Legislation 9
1. | Income Tax Act, 1962 | 1590 citations |
2. | Pension Funds Act, 1956 | 1510 citations |
3. | Matrimonial Property Act, 1984 | 1126 citations |
4. | Children's Act, 2005 | 513 citations |
5. | Recognition of Customary Marriages Act, 1998 | 164 citations |
6. | Maintenance Act, 1998 | 113 citations |
7. | Mediation in Certain Divorce Matters Act, 1987 | 64 citations |
8. | Transnet Pension Fund Act, 1990 | 21 citations |
9. | Mediation in Certain Divorce Matters Regulations, 1990 |