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.
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.
In a customary marriage in community of property, all assets and liabilities acquired by either spouse before or during the marriage become jointly owned. This includes immovable property, vehicles, investments, and debts.