17/02/2025
DID YOU KNOW?
In South African customary law, if you paid lobola AND celebrated the marriage according to custom, it is legally recognized as a full marriage.
This means you cannot dissolve the marriage through a family meeting, you MUST obtain a formal divorce order from the court.
The marriage has full legal standing, affecting property, inheritance, and future marriages. Failure to get a court ordered divorce can lead to serious legal complications.
How We Helped Our Client
Recently, we successfully handled the dissolution of a customary marriage. Our client had the original lobola agreement, where the full bride price was not paid, but all customary rituals had been observed. Most family members would say "uyakweleta ngoba akakhiphi yonke so kute Mshado".......meaning the full amount was not paid so there is no marrriage. A valid marriage still exists.
Despite a family meeting taking place, the customary marriage was legally recognized, and we secured a decree of divorce for our client. This ensured their legal freedom and protected their rights.
Don't assume unpaid lobola is a valid reason to dispute a customary marriage, ensure your divorce is legally recognized!
Need legal assistance? Contact us today!
(Disclaimer: This content is for informational purposes only and does not constitute legal advice.)
www.tmbathaattorneys.co.za