Divorce Amendment Act, 1989
To amend the Divorce Act, 1979, so as to provide that a party to a divorce action may share in the pension interest of the other party; and to provide for matters connected therewith.
(English text signed by the acting State President.)
(Assented to 1 March 1989.)
Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―
Amendment of section 1 of Act 70 of 1979
“ ‘pension fund’ means a pension fund as defined in section 1 (1) of the Pension Funds Act, 1956 (Act No. 24 of 1956), irrespective of whether the provisions of that Act apply to the pension fund or not;
‘pension interest’, in relation to a party to a divorce action who—
‘rules’, in relation to a pension fund, means rules as defined in section 1 (1) of the Pension Funds Act, 1956.”.
Amendment of section 7 of Act 70 of 1979, as amended by section 36 of Act 88 of 1984
2. Section 7 of the Divorce Act, 1979, is hereby amended by the addition of the following subsections:
“(7) (a) In the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall, subject to paragraphs (b) and (c), be deemed to be part of his assets.(b) The amount so deemed to be part of a party’s assets, shall be reduced by any amount of his pension interest which, by virtue of paragraph (a), in a previous divorce—
(c) Paragraph (a) shall not apply to a divorce action in respect of a marriage out of community of property entered into on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.
(8) Notwithstanding the provisions of any other law or of the rules of any pension fund—
Short title and commencement
3. This Act shall be called the Divorce Amendment Act, 1989, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.