By Hannah Mower
Many couples in South Africa make a costly legal mistake. They believe they can sign an Antenuptial Contract (ANC) after their customary wedding celebrations, as long as it is done before their civil “white wedding” or Home Affairs ceremony.
This is a myth, under South African law, signing an ANC after your customary marriage is legally invalid, unless you have obtained a court order consenting to same.
When Does a Marriage Officially Start?
The Recognition of Customary Marriages Act 120 of 1998 (RCMA), gives full legal status to traditional marriages. A customary marriage is legally binding the moment ALL traditional requirements are met. This includes but not limited to, the completion of lobola negotiations, the handover of the bride, and the traditional celebrations. An ANC must be signed before the marriage begins.
If you sign an ANC after your traditional wedding day—even if you have not registered the marriage at Home Affairs, the signing is invalid and your marriage is incommunity of property.
What does this means for you:
Shared Assets:
All your property, savings, and vehicles belong to both of you equally (50/50).
Shared Debts:
You become legally responsible for your partner’s debts, even debts they took out before you met.
Loss of Financial Freedom: You will need your spouse’s written permission for major financial moves, like buying property or signing a credit agreement.
To ensure your ANC is legally valid, you must follow these steps:
Consult with Rambuda And Associates Inc before lobola is paid, prioritize your legal paperwork well before the celebrations begin.
Do not let legal technicalities ruin your financial independence.
