Understanding the legal aspects of customary marriages in SA

IN SOUTH Africa, a customary marriage may begin with ancestral blessings, lobola payments and the union of two families - but when that union breaks down, tradition alone will not suffice.

- ZELDA VENTER

According to Cor Van Deventer, Director of Sandton-based law firm VDM Incorporated, while the Recognition of Customary Marriages Act (RCMA) gives full legal status to cultural marriages, it draws a firm line when it comes to divorce, as only a court of law can dissolve them.

He pointed out that a customary marriage will automatically default to “in Community of Property” (COP). “A customary marriage carries the same legal weight as a legal marriage in South Africa; though registration is encouraged, a marriage can still be valid without it” Van Deventer explains.

He added that unless an antenuptial contract was entered into before the customary marriage, the union will be in community of property.

This means that upon divorce, the joint marital estate - assets and debts ~ will be divided equally between both spouses.