Lobola, Customary Marriage
& the Law.
Explore expert articles and legal guides detailing how South African statutory law, matrimonial property regimes, and traditional customary marriages interact.
The Timeline Rule: When is a Customary Marriage Legally Valid?
One of the most important considerations for couples entering a customary marriage is understanding when the marriage is legally concluded and what that means for their matrimonial property regime.
Latest Legal Insights
Lobola Negotiations & Default Community of Property
Why uncontracted customary marriages automatically default to Community of Property, and how this impacts family assets, business ownership, and individual debt.
Property Rights in Polygamous Customary Marriages
An in-depth look at how the Recognition of Customary Marriages Act handles estates when a spouse enters into a second customary union, requiring High Court approval.
Shielding Family Livestock & Heritage Assets
How to utilize specific clauses within your Antenuptial Contract to ensure that heritage assets, such as inherited cattle or ancestral land, are excluded from the joint marital estate.
What the High Court Says About the "Handover" of the Bride
A review of recent South African case law defining the exact moment a customary marriage is deemed legally binding, and the implications for ANC validity.
Remote Execution for Multi-Province Families
How couples can coordinate consultations, document preparation and the notarial execution process when families are based in different South African provinces.
Can You Change Your Regime After Lobola?
If you finalized your customary marriage before signing an ANC, learn about the Section 21 High Court application required to change your matrimonial property system retrospectively.
Planning a Customary Marriage?
If you're preparing for lobola negotiations or planning a customary marriage, it's important to consider your matrimonial property regime early. Our Notaries Public can help you put the necessary legal protections in place before your marriage is concluded.
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