How ruling affects property rights in customary unions

The Constitutional Court (Con-Court) has provided clarity on how to divvy up the spoils in the event of a customary marriage, followed by a civil union, ending in divorce.

- Ciaran Ryan

FAIR PLAY. The ruling prevents sneaky deprivations of property rights.

(Picture: Wikimedia Commons)

The case arose from a divorce dispute between a couple who entered into a customary marriage in 2011, which by law meant they were married in community of property - in other words, assets acquired during the marriage were jointly owned and shared equally.

In 2019, the couple signed an antenuptial contract introducing an out-of-community-of-property regime with accrual, which was registered.

They then solemnised the customary marriage with a civil one in 2021. An antenuptial contract with accrual means the couple only shares in the growth, or accrual, of assets during the marriage.