ConCourt rules antenuptial contracts after customary marriage invalid

JOHANNESBURG - The Constitutional Court has ruled against the signing of antenuptial contracts after customary marriage.

This was after a High Court order declared a section of the Recognition of Customary Marriages Act unconstitutional. 

This law gives women in customary law marriages the same status and protection as women in civil law marriages. 

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The law previously allowed a husband in a customary marriage to change the property system via a written agreement.

This effectively stripped a spouse of their accrued rights to a joint estate.

The latest ruling has been described as a win for customary marriages.

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