Polygamous marriages in South Africa require careful navigation of legal frameworks to ensure the equitable distribution of assets. This case highlights the judiciary’s commitment to fairness and the importance of proactive estate planning.

In South Africa, many people are in illegal marriages because they separate from their customary spouse without obtaining a formal divorce. A customary marriage can only be dissolved by death or divorce.

Contrary to popular belief, the Recognition of Customary Marriages Act does not require the marriage to be registered to be valid. This means that parties can divorce even if their customary marriage is not registered with Home Affairs.

Are you planning to pay Lobola this Easter Holiday season? Whether you're diving in with a half payment or going full throttle, buckle up for a wild ride through the legal jungle of lobola and customary marriage.

While registration of customary marriages with Home Affairs is encouraged to formalise the union and ensure legal recognition, the absence of registration does not negate the validity of the marriage.

A crucial takeaway from this legal conundrum is the reminder that only a court can dissolve a customary marriage, emphasizing the necessity of legal intervention in such complex matters.

The surviving spouse may approach Home Affairs for late registration of customary marriage, apply for appointment as executor. The spouse is entitled to 50% of the joint estate and R250 000 in child’s portion.

In the absence of a marriage certificate, initiating divorce proceedings in a customary marriage may require a lobola letter. A lobola letter is a written acknowledgment by the families involved, confirming the marriage and outlining the terms of the lobola agreement.

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.