LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)

LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)

The court found that all essential rituals and celebrations required for a valid customary marriage were performed, including lobola negotiations, exchange of gifts, ceremonial handovers, and cohabitation. The respondent's denial of consent was rejected as implausible, given his conduct and communications, including references to the applicant as his wife and instructions to attorneys regarding marriage registration. The court held that the marriage was concluded on 29 June 2019 and is in community of property and profit and loss by operation of law. The antenuptial contract was executed and registered after the marriage without court approval, contrary to statutory requirements. As such,...

Citation
[2021] ZAGPJHC 563
Parties
Applicant: LNM; Respondent: MMM
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2021
Case Number
2020/11024
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application granted in favour of the applicant. The marriage is declared valid and in community of property; the antenuptial contract is declared null and void.
Judges
Siwendu
Legal Topics
Recognition of Customary Marriages Act, Matrimonial Property Regime, Antenuptial Contract, Declaratory Relief
Family and Children Civil Procedure Recognition of Customary Marriages Act Matrimonial Property Regime Antenuptial Contract Declaratory Relief

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Parties

LNM

Applicant

MMM

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and respondent under section 3(1) of the Recognition of Customary Marriages Act.
  2. 2 Whether the antenuptial contract executed and registered after the marriage is valid and binding.
  3. 3 What matrimonial property regime governs the marriage.

Ratio Decidendi

The court found that all essential rituals and celebrations required for a valid customary marriage were performed, including lobola negotiations, exchange of gifts, ceremonial handovers, and cohabitation. The respondent's denial of consent was rejected as implausible, given his conduct and communications, including references to the applicant as his wife and instructions to attorneys regarding marriage registration. The court held that the marriage was concluded on 29 June 2019 and is in community of property and profit and loss by operation of law. The antenuptial contract was executed and registered after the marriage without court approval, contrary to statutory requirements. As such,...

Court Disposition

Application granted in favour of the applicant. The marriage is declared valid and in community of property; the antenuptial contract is declared null and void.

Orders

  • On 29 June 2019 the applicant and respondent concluded a valid customary marriage in community of property and profit and loss as envisaged by section 3 of the Recognition of Customary Marriages Act 120 of 1998.
  • The antenuptial contract registered by the applicant and respondent on 7 October 2019 with the Deeds Registry, Johannesburg, is declared null and void for failure to comply with section 89 of the Deeds Registries Act 47 of 1937, read with Matrimonial Property Act 88 of 1984.