09/07/2026
⚖️ CONSTITUTIONAL LAW UPDATE | KNOW YOUR RIGHTS
A recent Constitutional Court judgment has clarified the legal position regarding customary marriages and matrimonial property.
If spouses enter into a customary marriage without first concluding an antenuptial contract, they are automatically married in community of property. A subsequent civil marriage and antenuptial contract cannot change this matrimonial property regime unless authorised by the High Court in terms of section 21 of the Matrimonial Property Act.
Understanding your matrimonial property regime is essential to protecting your assets and your future. If you are unsure how this judgment may affect you, obtain professional legal advice before making important decisions.
📞 Contact Letitia Booyens Attorney for trusted legal guidance.
