Customary Marriages

Did you know that all customary marriages celebrated in terms of the customs and usages of the indigenous people of South Africa are automatically in community of property, unless an antenuptial contract is signed and executed by the intended spouses and a Notary Public before the marriage and such antenuptial contract is registered in a Deeds Office within a specific period.

Spouses married in community of property have a joint estate, and all assets and liabilities are shared equally (50/50), even assets and liabilities which each spouse had prior to the marriage. Many people assume that not registering their customary marriage with Home Affairs renders it invalid – this is a myth.

If the marriage complies with the requirements of customary law, it is valid and binding and can only be dissolved by a court of law.

Know your rights, protect your estate, and consult a legal professional before you make any arrangements to get married by simply emailing us at info@hannesgouws.co.za and one of our staff members in our dedicated conveyancing departments in Pretoria, Johannesburg or Cape Town will contact you.