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Why an Ante Nuptial Contract is important for a Customary Marriage

Are you getting married in terms of customary law? You need to be aware of the following with regards to entering into an ante nuptial contract.

The conclusion of a customary marriage is governed by the Recognition of Customary Marriages Act read together with the Matrimonial Property Act.

A customary marriage is by default treated as a marriage in community of property, except if specifically excluded by way of an ante nuptial contract between the parties. This means that parties entering into a customary marriage are allowed to conclude an ante nuptial agreement.

The signing of the ante nuptial agreement must take place before the date of marriage. Therefore, for a customary marriage to be recognised as a marriage out of community of property, the parties must execute the ante nuptial agreement before the conclusion of the customary marriage, in other words, before the parties proceed with the rituals and tradition of concluding the marriage.

If you are intending to conclude a customary marriage and wish to be married out of community of property, it is therefore important that you consult your attorney to assist you in having an ante nuptial contract drawn up and signed before you proceed with the customary marriage to ensure that you will be married out of community of property.