Any antenuptial contract concluded after a valid customary marriage will not be valid. As a result, parties who pay lobola and celebrate without entering into an antenuptial contract risk their marriage being in community of property by default.
One significant drawback of marriage in community of property is the shared financial liability. In this marital arrangement, both spouses become jointly responsible for each other's debts, potentially exposing one partner to unforeseen financial risks stemming from the actions or obligations of the other.
If the marriage ends in divorce or one spouse faces insolvency, the communal property must be divided equally between both partners. This can lead to the unintended consequences of having to part with hard-earned assets, even those owned before the marriage.
By providing clarity in asset division, protecting individual assets, and ensuring financial security, an antenuptial contract can help couples navigate potential challenges with greater ease.