Natasha Lynch Attorneys

27/05/2026

27/05/2026

By Charnét Robbértze and Dr Liesl Hager From 20 March 2026, practitioners appearing in children’s court matters will need to adapt to a new procedural framework governing these proceedings. On […]

20/05/2026

Let us assist you with your divorce!

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Tel: 0729011021
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11/04/2026

A High Court ruling has sent a warning to bodies corporate and residential estates across South Africa about levy collection practices.

19/03/2026

Renewed conversations around whether South African maintenance laws still fit modern family structures, especially blended families, have been sparked following a Western Cape High Court ruling.

18/02/2026

Mediator, Marici Corneli Jacobsz writes that the voice of the child movement is growing and legal practitioners hold a unique influence on shifting family law culture. Click here to read the article: https://www.derebus.org.za/voice-of-the-child-shifting-family-law-culture/

26/01/2026

''Get support and guidance on navigating co-parenting, custody battles, and healing from parental alienation. Our childcare help centre offers resources and ...

23/01/2026

Saying “I Do” Under Customary Law!

While love and tradition are central to a customary marriage, the legal consequences are just as important to understand.

On 21 January 2026, the Constitutional Court delivered a landmark judgment in VVC v JRM and Others [2026] ZACC 2. The Court confirmed that customary marriages and civil marriages enjoy equal legal status. Where spouses in a customary marriage later conclude a civil marriage with each other, the customary marriage is not terminated. Instead, the relationship is regarded as one continuous marriage.

What does this mean for property?

By default, a customary marriage is in community of property. This means that all assets and liabilities are shared equally between the spouses.

1. Before the customary marriage

If the intention is to marry out of community of property, an Antenuptial Contract (ANC) must be concluded before the customary marriage is completed. This includes before lobola negotiations are finalised or the bride is formally handed over.

2. You cannot change this later without a court order

An ANC signed after the customary marriage has already come into existence is invalid unless a court authorises the change. Registering the marriage or concluding a civil ceremony does not alter the property regime.

3. Changing the property regime after marriage

Spouses who are already married and wish to change their matrimonial property system must apply to the High Court in terms of section 21(1) of the Matrimonial Property Act.

This requires:

• Sound reasons for the change
• Proper notice to all creditors
• Proof that no party will be prejudiced

Customary marriages have the same legal consequences as civil marriages, particularly when it comes to property. Understanding the law before or even after marriage is important.

At Natasha Lynch Attorneys we can assist with your Antenuptial contract.

21/01/2026

The law previously allowed a husband in a customary marriage to change the property system via a written agreement.