Louis van Vuren, FPSA®, CFP®, TEP®, FISA member and director at Finlac, wrote this article on a recent Constitutional Court ruling which has the outcome of the need to obtain expert advice before entering into a customary marriage.
Louis explains that couples entering into a customary marriage must obtain advice on their matrimonial property regime beforehand. He stresses that an antenuptial contract must be concluded before the customary marriage if spouses wish to avoid an in-community-of-property regime.
A recent Constitutional Court ruling confirmed that contracts signed before a later civil marriage are invalid for this purpose. Customary marriages are automatically in community of property unless validly altered in advance. Changing the regime afterward requires a High Court application.
The key lesson is clear: proper planning before the customary marriage is essential to avoid unintended legal and financial consequences.
Read the article here.
Louis is an FPSA®, CFP®, TEP, FISA member and director at Finlac.