17/02/2026
The Constitutional Court has handed down a pivotal ruling in VVC v JRM and Others [2026] ZACC 2, finally clarifying how customary marriages, civil marriages, and antenuptial contracts interact under South African law.
The Court confirmed that customary marriages carry the same constitutional recognition and protection as civil marriages. Importantly, it held that once a customary marriage is validly concluded, spouses cannot simply sign an antenuptial contract to alter their property regime. Any change must strictly follow the procedure set out in section 21 of the Matrimonial Property Act.