What Women & Families Need to Know This November: Legal Developments to Watch

As we enter the last stretch of the year, November brings legal changes, proposals, and awareness issues that may affect your rights, your family, and your future. At Gascoigne Randon, we believe informed clients make stronger decisions — especially when it comes to family law, protection, and estate planning. Here’s what to keep an eye on this month:

1. Broader Definitions of Domestic Violence: Economic, Coercive & Spiritual Abuse

South Africa’s Domestic Violence Amendment Act and related legislation have expanded what counts as domestic abuse to include not just physical or sexual harm, but emotional, economic, spiritual, elder, and coercive controlling behaviour.

This means:

• Forcing someone to hand over income or denying access to financial resources is legally recognised.

• Spiritual abuse or religious coercion within a domestic relationship can now fall under abuse definitions.

• Victims may apply for protection orders more easily using electronic submissions to the court.

What you should know: If you feel financially coerced, emotionally manipulated, or spiritually controlled, those are not “just disagreements” — the law now supports your protection. Our Family Law division can help you apply for and enforce protection orders based on these broader definitions.

2. Pension Funds Amendments: Implications for Women & Dependants

The Pension Funds Amendment Act, 2024 brings important changes to how pension monies are treated, especially when divorce or death occurs.

Key changes include:

• Pension interests must now be considered part of the marital estate in divorce proceedings.

• Dependants may now have stronger claims over pension benefits after someone passes.

• There is clearer delineation between “retirement component” and “savings component,” which can affect access and division.

What this means for you: If you’re married, separated, or drafting your estate, you must review how your pension is nominated and divided. We can help ensure your will, marriage contract, or estate plan aligns with the new rules so your dependants are protected.

3. Marriage Law Reform (Marriage Bill, 2023) — Still in Progress

South Africa is considering a unified Marriage Bill to replace existing statutes governing civil, customary, and religious marriages.

If passed, the Bill would:

• Provide a default property regime for couples who didn’t sign a contract

• Better protect spouses who didn’t formalise marriage under certain systems

• Clarify rights in marriages that cross customary, religious, and civil boundaries

What to watch for: Even though the Bill is not yet law, its proposals offer insight into what the future of marriage rights might look like. It’s a good moment to consult on your current marriage contract, especially if you’re in a non-registered customary union.

4. Employment Rights Under New Dismissal Guidelines

Since 4 September 2025, South Africa has a revised Code of Good Practice: Dismissal, which consolidates earlier dismissal rules into clearer guidelines.

Changes include:

• More flexibility for employers to dismiss under certain operational needs

• Stronger protections in probation evaluation, representation, and fair process

• A push toward clearer, less formal procedures where appropriate

Why it matters for women employees: If you are facing dismissal, being on probation, or

experiencing unfair workplace practices, this new code may give you better legal footing.

Gascoigne’s litigation and labour law team can review your case under the updated standards.

5. Awareness: Economic Abuse Day (26 November)

“Economic abuse” is now increasingly recognised in legal contexts. On 26 November, use this awareness day to spark dialogue and share information about how financial control, hidden assets, and forced dependence are more than relationship issues — they are legal violations.

We can tie content, client stories, legal tips, and calls to action to this observance to raise visibility and encourage those suffering to reach out.

What You Can Do This November:

• Review your documents now: Wills, marriage contracts, pension nominations — make sure they reflect your intentions.

• Reach out if you see signs of coercion or abuse: The law now supports what you may already feel is wrong.

• Keep updated with changes: Some of these laws are evolving; staying informed lets you act early.

• Use this month’s awareness (economic abuse day, etc.) to start or revive legal conversations in your own life or among loved ones.