Divorce can be complex and hard but before you think of selling your house, perhaps you need to consider the implications involved prior selling.
Last week, the Constitutional Court ruled that couples married in customary law are married in community of property and cannot enter into a antenuptial contract at a later stage. This means 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 means even civil marriages entered into post lobola will automatically be in community of property where all assets are shared equally at the time of divorce.
