Civil marriages don’t omit existing customary marriages, rules ConCourt

The Constitutional Court (ConCourt) has ruled that civil marriages don’t overlook existing customary marriages, but instead create a single continuous marriage governed by different legal systems at different times.

The ruling confirms current law that an ante-nuptial contract concluded after a customary marriage is invalid and un-enforceable, rendering the marriage in community of property.

The judgement follows a divorce dispute where a couple signed an ante-nuptial contract years after a customary marriage.

Attorney from the Women Legal Centre Khensani Motileni explained: "It is important to see a lawyer to understand what in and out of community is before the family sits for lobola negotiations because if you don’t do that you then render your marriage to be  valid in terms of the default system which is in community of property."