Posted on 7/8/2025 2:29 PM By Cor van Deventer
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.
Posted on 2/24/2025 11:54 AM By Cor van Deventer
While civil marriages automatically allow for the signing of an antenuptial contract, the rules governing customary unions are more complex. A common question that arises is: "Can an antenuptial contract be signed after a customary marriage?" The short answer is no—unless court approval is obtained.