Abstract:
There is a certain scope for
confusion or at least uncertainty
as to whether s 10(2)
of the Recognition of Customary
Marriages Act 120 of
1998 (the Act) provides for spouses in a
subsisting customary marriage in community
of property, who later contract
a marriage with each other under the
Marriage Act 25 of 1961, to enter into
an antenuptial contract thereby in effect
changing the matrimonial property system
applicable to their marriage without
same being sanctioned by the court.
