ConCourt Ruling Updates Property Rights in Customary Marriages

Summary

The Constitutional Court of South Africa has ruled that customary marriages do not end automatically when a couple enters into a civil marriage afterward. This means that if a couple changes their property arrangements during the marriage, they must still get approval from the court. This ruling protects the rights of spouses in customary marriages and ensures that property matters are handled fairly, even if a civil marriage is later registered. The decision clarifies how property ownership is managed within these types of marriages and highlights the need for legal oversight in mid-marriage changes.