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The woman is challenging section 7(3) of the Divorce Act, insofar as it excludes those married out of community of property and without accrual after 1984, from potentially being able to claim from their spouse's estate if they divorce.
A landmark Pretoria high court ruling this week has succeeded in having the Divorce Act declared unconstitutional and invalid, clearing the way for women who did not earn financially during their marriage and would therefore not qualify for any kind of settlement.