I don't want your money honey - recognition of Customary Marriages Act

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.