![Constitutional Court judgment in VVC v JRM and Others [2026] ZACC 2, handed down on January 21, 2026, aka Black Coffee d...](https://img3.lawfirms1.com/925/522/1462090249255228.jpg)
22/01/2026
Constitutional Court judgment in VVC v JRM and Others [2026] ZACC 2, handed down on January 21, 2026, aka Black Coffee divorce.
The "Continuous Marriage" Rule
The Core Dispute
A couple married under customary law in 2011 (automatically in community of property) decided to enter a civil marriage in 2021. Just before the civil ceremony, they signed an Antenuptial Contract (ANC) to change their regime to "out of community of property".
When they later divorced, the wife challenged the ANC, arguing that Section 10(2) of the Recognition of Customary Marriages Act (RCMA) was unconstitutional because it allowed this change without judicial oversight, potentially stripping her of her half-share of the joint estate.
The Ruling
The Constitutional Court overturned the High Court’s declaration of unconstitutionality.
One Continuous Marriage: The Court held that a customary marriage followed by a civil marriage is not two separate events but a single, continuous marriage relationship.
No "Sneaky" ANCs:
Because it is a single marriage, parties cannot sign a "new" ANC after the customary marriage has begun. The word "antenuptial" means before the nuptials; once the customary marriage exists, any change must be "postnuptial".
Court Approval Required: Any couple wishing to change their property regime mid-marriage—even when transitioning to a civil marriage—must follow Section 21 of the Matrimonial Property Act, which requires a formal High Court application to protect spouses and creditors.
See our websites:
https://www.postnuptialcontracts.co.za/
and
https://www.lobola-sa.co.za/ for further information.
LOBOLA, CUSTOMARY MARRIAGE, CIVIL MARRIAGE AND YOUR MATRIMONIAL PROPERTY REGIME CHOICES EXPLAINED BEFORE GETTING MARRIED
