The Constitutional Court has clarified a critical area of South African family law, ruling that antenuptial contracts entered into after a customary marriage are legally valid. In a judgment that strengthens legal certainty around matrimonial property regimes, the court overturned a Gauteng High Court ruling that had declared part of the Recognition of Customary Marriages Act unconstitutional, reaffirming the Act’s role in placing customary marriages on an equal legal footing with civil marriages. 

Guest: Mary-Jane Mphahlele: Founder of Mary-Jane Mphahlele Inc. 

 

The Constitutional Court has clarified a critical area of South African family law, ruling that antenuptial contracts entered into after a customary marriage are legally valid. In a judgment that strengthens legal certainty around matrimonial property regimes, the court overturned a Gauteng High Court ruling that had declared part of the Recognition of Customary Marriages Act unconstitutional, reaffirming the Act&rsquo;s role in placing customary marriages on an equal legal footing with civil marriages. &nbsp;
Guest: Mary-Jane Mphahlele: Founder of Mary-Jane Mphahlele Inc.&nbsp;
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THE MORNING BRIEF

The Constitutional Court has clarified a critical area of South African family law, ruling that antenuptial contracts entered into after a customary marriage are legally valid. In a judgment that strengthens legal certainty around matrimonial property regimes, the court overturned a Gauteng High Court ruling that had declared part of the Recognition of Customary Marriages Act unconstitutional, reaffirming the Act’s role in placing customary marriages on an equal legal footing with civil marriages