The legal framework
Divorce is governed by the Divorce Act, whose discriminatory grounds were struck down by the Supreme Court, leaving the same grounds available to both spouses. Customary and Islamic marriages are dissolved under their own systems, and the Domestic Relations framework has been the subject of long-running reform debate.
Key points
| Ground | Adultery, cruelty, desertion and related grounds, now equally available to both spouses |
|---|---|
| Property | Contribution-based; courts have recognised non-monetary contribution |
| Customary marriages | Dissolved under customary law, with bride price issues arising |
| Children | Children Act governs custody and maintenance |
| Reform | A comprehensive marriage and divorce bill has been debated for years without enactment |
| Divorce Act | An old statute, partly struck down for discriminating between spouses |
| Equal grounds | The Constitutional Court equalised the grounds available to husband and wife |
In practice
- File in the High Court or family division with jurisdiction over your marriage type.
- Financial disclosure is essential: property outcomes turn on documented contributions.
- Where the marriage was customary or religious, check first whether it was registered — registration determines which court can dissolve it.
- Mediation and family counselling are available and often faster than contested litigation.
- Rely on the constitutional decisions equalising grounds, not on the text of the old Act.
- Evidence contribution to property carefully: it is the whole of the property case.
Cost and coverage
Court fees are moderate; legal aid and law school clinics assist those who cannot pay.
Recent changes
Across these jurisdictions the clearest trend is judicial recognition of non-financial contribution — domestic work and childcare — when dividing property.
Where to go
- High Court family division or equivalent.
- Legal aid schemes and university law clinics.
- Women's rights organisations, which often provide representation in property disputes.
Worth knowing
An unregistered customary or religious marriage can be very hard to dissolve, and even harder to found a property claim on. Registration is the step that converts a social fact into enforceable rights. The Divorce Act still reads unequally because Parliament has not amended it. The courts apply the constitutional corrections instead.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database