01/09/2026
MARRIAGE: ASK ONE MORE QUESTION
When completing a property agreement, “Are you married?” should not be the last question.
Where a client has entered into a Muslim marriage or Nikah, simply assuming that they should be described as married in or out of community of property may not accurately reflect their legal position.
South African law relating to Muslim marriages has developed significantly in recent years.
In 2022, the Constitutional Court addressed the historical non-recognition of Muslim marriages and directed that the law be brought in line with the Constitution.
In 2024, the Divorce Act was amended to expressly define a Muslim marriage and to provide important protections relating to the dissolution of these marriages.
For property practitioners, the important point is simple:
Do not make assumptions about the client's marital status or matrimonial property regime.
Ask:
- Was the marriage concluded according to Muslim rites or by Nikah?
- Was a civil marriage also concluded or registered with Home Affairs?
- What marriage documentation or Nikah certificate exists?
- Was any antenuptial contract, marriage contract or other agreement concluded that may affect the parties' property rights?
These details should then be referred to the conveyancer or attorney so that the parties can be correctly described in the agreement and the applicable matrimonial property consequences can be properly determined.
The right questions at the beginning can prevent complications later.
Carol Coetzee & Associates can assist property practitioners and clients in determining how marital status may affect a property transaction.
This information is provided for general information purposes and does not constitute legal advice.
Contact details
Phone: 011 465 0518
Email: [email protected]
