The South African legal system recognises traditional marriages as a legal marriage.

This means that once the families of the parties have met, negotiated Lobola and the marriage has been traditionally celebrated, the parties will be legally married even though the marriage has not yet been registered with Home Affairs.

According to the Recognition of Customary Marriages Act 120 of 1998, any customary marriage entered into by a spouse who is not a partner in any other existing customary marriage, is a marriage in community of property. It is therefore of utmost importance that parties that wish to be married out of community of property conclude an Ante Nuptial Contract before traditional negotiations take place.

Contact Etienne Bedeker Inc today to assist you in drafting your Ante Nuptial Contract.