The legal framework
The Matrimonial Proceedings and Property Act allows property adjustment orders on divorce, and the Cohabitational Relationships Act extends similar relief to cohabitants of five years. The Administration of Estates Act and the Succession Act govern intestacy and family provision. Across these jurisdictions, the decisive practical questions are the same: was the marriage registered, whose name is on the title, and is there a will?
Key points
| Divorce | Property adjustment orders considering contributions and needs |
|---|---|
| Cohabitants | May apply after five years, within two years of separation |
| Intestacy | Defined shares for spouse and children |
| Family provision | Dependants may apply for provision from an estate |
| Wills | Permitted, subject to those claims |
| Estate duty | Abolished |
| Matrimonial Proceedings and Property Act | Wide discretion to adjust property on divorce |
| Distribution of Estates Act | Fixed intestacy shares |
In practice
- Register the marriage and the title to property: these two documents decide most disputes.
- Record contributions to any asset, including labour and materials.
- Make a will and lodge it where it can be found.
- Where customary practices threaten a widow's position, the constitutional protections are real and enforceable — legal aid organisations litigate these cases regularly.
- Apply within the statutory deadlines; they differ for spouses and cohabitants.
- Make a will where there are children from more than one relationship.
Cost and coverage
Registration and wills are cheap; estate litigation is not, and delays can leave a family without access to property for years.
Recent changes
The shared regional trend is statutory protection of the surviving spouse against customary disinheritance, reinforced by constitutional rulings.
Where to go
- National registrar of lands and deeds.
- Probate registry or administrator general.
- Legal aid schemes, law clinics and women's rights organisations.
Worth knowing
Property grabbing from widows remains common across the region despite the law being clear. Acting quickly — securing the title documents and reporting interference — matters more than the eventual court case. Deadlines differ sharply between spouses and cohabitants. Establishing which category applies is the first step, not an afterthought.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database