The Constitutional Court has ruled that couples married in customary law are married in community of property and cannot enter into a antenuptial contract at a later stage.
The court ruled yesterday that any kind of contract entered into after the customary marriage is null and void. According to the court, if a couple is already married under customary law, they cannot later change their property system simply by signing an antenuptial contract, even if they subsequently enter into a civil marriage.
This became clear after the Constitutional Court ruled yesterday that any kind of marriage contract entered into after lobola has been paid is null and void.
