Constitutional Court clarifies property rights in customary marriages

The Constitutional Court has confirmed that antenuptial contracts signed after a valid customary marriage are not legally valid, reinforcing the property rights of spouses.

In the case of VVC v JRM and Others (CCT 202/24), the Court ruled that a customary marriage automatically establishes a marriage in community of property. This means that spouses’ assets are jointly owned from the date of marriage, and the property regime cannot be altered later simply by signing an antenuptial contract. Any changes must receive court approval under the Matrimonial Property Act.

Legal experts say the judgment provides much-needed clarity and protection for spouses in customary marriages, ensuring that their rights and interests are safeguarded.

“This ruling reinforces legal certainty and upholds the integrity of customary marriages in South Africa,” the court said.