The Constitutional Court has ruled that a spouse cannot enter into an antenuptial contract in a bid to override their initial and existing marriage property regime , whether it be civil or customary marriage.
Th e court on Wednesday decided t o not uphold a decision by the High Court in Pretoria to declare a sec tion of the Recognition of Customary Marriages Act unconstitutional.
The matter s tems from an opposed divorce between VVC and JRM w ho were married in community of property by way of customary law i n 2011 and later entered into a civil marriage .