23/01/2026
To clarify yesterday's Constitutional Court judgment for those who were uncertain, I will provide a brief explanation. When a customary marriage is entered into, involving lobola negotiations between families, payment or part payment, and traditional ceremonies or rituals, such as the handover of the bride, the couple is legally married in community of property.
Consequently, all assets and liabilities accrued before and during the marriage are shared equally between spouses. It is crucial to recognize that this arrangement cannot be modified to an 'out of community of property' arrangement through the subsequent signing of a prenuptial agreement or the solemnization of a civil marriage.
The Constitutional Court's ruling highlighted that paying lobola constitutes a legally recognized marriage, which takes precedence over any subsequent civil marriage or prenuptial agreement. As such, individuals are advised to consult with a lawyer before engaging in lobola negotiations to ensure they comprehend the implications of their actions.
