by VDT Attorneys | Jul 31, 2026 | Antenuptial contract, Antenuptial contract and estate planning, Patrimonial Property Rights
In South Africa, parties who marry without concluding an antenuptial contract are, by default, married in community of property. Where an antenuptial contract is executed before the marriage, the parties may marry out of community of property, either with or without...
by VDT Attorneys | May 21, 2026 | Antenuptial contract, Antenuptials
If spouses wish to be married out of community of property, whether with or without the accrual system, they must sign an Antenuptial Contract before the marriage takes place. If this step was overlooked, the couple cannot simply change their marital regime afterwards...
by VDT Attorneys | Apr 28, 2026 | Antenuptial contract, Customary Marriages, Customary vs civil marriage South Africa, Matrimonial property regime South Africa, Recognition of Customary Marriages Act
On 21 January 2026, the Constitutional Court (“ConCourt”) handed down judgment in VVC v JRM and Others 2026 (3) BCLR 234 (CC) (21 January 2026), considering whether section 10(2) of the Recognition of Customary Marriages Act 120 of 1998 (“Customary Marriages...
by VDT Attorneys | Feb 4, 2026 | Antenuptial contract, Customary Marriages, Equal constitutional status of customary marriages
The issues before the Constitutional Court arose from an opposed divorce action between monogamous spouses married in terms of customary law who subsequently concluded a civil marriage to each other. The main point of dispute was whether the ANC concluded after the...
by VDT Attorneys | Feb 7, 2024 | Antenuptial contract, Customary marriage, Marriage, Marriage out of community of property, Matrimonial Property Act
Today, the conclusion of a customary marriage is governed by the Recognition of Customary Marriages Act 120 of 1998 (“RCMA”) read together with the Matrimonial Property Act 88 of 1984 (“MPA”). For a customary marriage to be valid, the parties must be older than 18...
by VDT Attorneys | Nov 6, 2023 | Antenuptial contract, Antenuptials, Claim, Maintenance
Section 7(2) of the Divorce Act 70 of 1979 is the point of departure in any question of spousal maintenance in divorce actions. This section sets forth the factors upon which a court will rely when considering a claim for spousal maintenance, the amount payable and...
