It has been rumored that actress Natasha Thahane is a single parent following the breakup of her relationship with baby daddy soccer player Thembinkosi Lorch.
Musa Khawula, a Twitter writer who specializes in spreading news, claims that the couple split up a few months after the birth of their first kid.
There have been rumors going about for quite some time now that the two are going their own ways, but nothing has been proven as of yet.
Another source stated that the two are no longer together because the soccer star found that the responsibilities of being a father were too much for him to handle.
South Africa’s marriage and divorce landscape is undergoing profound change.
The Divorce Act’s Section 7(3)(a) was found to be in violation of the Constitution by the North Gauteng High Court on May 11, 2022. This decision is expected to have significant repercussions for the institution of marriage and the dissolution of marriage in South Africa.
The distribution of assets between spouses who were not married in a community of property is outlined in Section 7(3) of the Divorce Act. On the other hand, weddings that took place after the Matrimonial Property Act was signed into law on November 1, 1984 are subject to a distinct set of guidelines that are outlined in Section 7(3)(a).
The court stated that this distinction constitutes unfair discrimination, particularly toward those who are economically disadvantaged, and that it restricts the application of Section 7 of the Act (3).
According to the Divorce Act, Section 7(3)(a) states:
3) In the case of a marriage that did not involve the community of property, the court that issues the order of divorce—
(a) was entered into before to the beginning of the Matrimonial Property Act, 1984, in terms of an antenuptial contract under which community of property, community of profit and loss, and accrual sharing in any form were precluded; and
may… in the absence of any agreement between the parties to that marriage regarding the division of their assets, order that such assets, or such part of the assets, of the other party as the court may deem just be transferred to the first-mentioned party in response to an application made by one of the parties to that marriage. This provision applies only when there is no agreement between the parties regarding the division of their assets.
Why it’s critical:
Notably, individuals who are married out of community of property without accrual will now be able to ask the court for a redistribution of assets, regardless of the content of a signed prenuptial agreement, according to Kavita Kooverjee, an attorney at Schoeman Law. This was announced by Ms. Kooverjee.
She emphasized that a request of this nature does not constitute an absolute right. “In the event that Section 7 is invoked, the burden of proof will be upon the individual spouse to demonstrate that they have either directly or indirectly contributed to the estate of the other spouse” (3). For instance, they were responsible for the upbringing of the children and the upkeep of the house while the other spouse was the sole provider and their wealth grew.
According to Kooverjee, when a court examines such an application, the court will first need to determine whether the spouse is entitled to a claim and, secondly, to what extent the claim may be held.
“Those individuals who have previously divorced under a contract that was identical to the one they entered into when they got married will now also be permitted to approach the court for relief. Nevertheless, this will once more be contingent on a wide variety of other conditions.
Nevertheless, this will be a significant source of solace for those individuals who “walked away” from their marriages without anything. This verdict also sets a balance for unfair marriage contracts, which are situations in which individuals enter into marriages without being aware of the unjust discrimination that will be offered to them. The prejudice of people coming from economically disadvantaged backgrounds, particularly women, was another primary emphasis of the judge’s decision.
Kooverjee further stated that this ruling will not have any impact on marriages that have already established a community of property arrangement.
“This will have a considerable influence on marriages entered into via the accrual system, particularly once the Constitutional Court verifies that this verdict was correct.”