Examples of Divorce Act, 1979 in a sentence
Article Four of the Treaty of Ruby Valley grants limited rights to United States citizens to prospect for and mine ore deposits on Western Shoshone Territory.
While the Justice Laws Rationalisation Act, 1996 (Act No. 18 of 1996) extended the application of a number of laws, including the Divorce Act, 1979, and the Matrimonial Property Act, 1984, to areas which formed part of the former homelands, including the Transkei, and also repealed some sections of the Transkei Marriage Act, 1978, it did not repeal section 39.
The Constitutional Court, in the case of Holomisa v Holomisa, found that section 7(3) of the Divorce Act, 1979, discriminates against women married out of community of property under the Transkei Marriage Act, 1978, in that it fails to extend to them the protection ofa just and equitable redistribution of property on divorce and as such fails the test of rationality in terms of section 9(1) of the Constitution, which affords everyone the right to equal protection and benefit of the law.
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Furthermore, the severe consequences of a marriage out of community of property were then alleviated by section 7(3) of the Divorce Act, 1979.
Any portion of the pension interest assigned to the non-member spouse in terms of a decree of divorce or decree for the dissolution of a customary marriage granted prior to 13 September 2007 are for purposes of any law other than the Income fax Act, 1962, including, but not limited to, section 7(8)(a) of the Divorce Act, 1979, deemed to have accrued tothe member on 13 September 2007 and must be paid or transferred in accordance with paragraphs (a) and (b).
Section 7(3), read with section 7(4) and (5) of the Divorce Act, 1979, empowers a court granting a decree of divorce in respect of a marriage out of community of property to order a redistribution of assets where it considers it just and equitable to do so, taking into consideration the contribution, monetary and otherwise, of the parties to the marriage.
The first amendment relates to section 7 of the Divorce Act, 1979, which regulates the division of assets and maintenance of parties on divorce.
The Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987) and section 6 of the Divorce Act, 1979 (Act 70 of 1979), apply to the dissolution of a customary marriage.
He also stated that he had been advised that the deed of settlement was adequate for divorce purposes in terms of the Divorce Act 1979.