R.M v T.M (1142/2014) [2018] ZALMPPHC 22 (29 November 2018)

R.M v T.M (1142/2014) [2018] ZALMPPHC 22 (29 November 2018)

The court held that section 10 of the Recognition of Customary Marriages Act allows spouses in a monogamous customary marriage to enter into a civil marriage with each other. Upon conclusion of the civil marriage, the customary marriage is extinguished by operation of law, including its proprietary consequences. The parties are entitled to execute an antenuptial contract prior to the civil marriage, and such contract is valid and effective from the date of the civil marriage. There is no requirement under section 7(5) of the Act or section 21 of the Matrimonial Property Act to obtain prior court approval to change the matrimonial property system in these circumstances. The antenuptial...

Citation
[2018] ZALMPPHC 22
Parties
Plaintiff: R[...] N[...] T[...] M[...]; Defendant: T[...] R[...] M[...]
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
29 November 2018
Case Number
1142/2014
Procedural Posture
Civil Trial / Separation of Issues Under Rule 33(4)
Outcome
The court declared the antenuptial contract executed on 3 December 2010 valid and ordered the plaintiff to pay the costs of the separated issues.
Judges
G.C Muller
Legal Topics
Customary Marriage, Antenuptial Contract, Recognition of Customary Marriages Act, Matrimonial Property System, Statutory Interpretation
Family and Children Civil Procedure Customary Marriage Antenuptial Contract Recognition of Customary Marriages Act Matrimonial Property System Statutory Interpretation

Case Brief

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Parties

R[...] N[...] T[...] M[...]

Plaintiff

T[...] R[...] M[...]

Defendant

Procedural Posture

Civil Trial / Separation of Issues Under Rule 33(4)

Legal Issues

  1. 1 Whether the antenuptial contract entered into on 3 December 2010 is valid given the parties were already married in community of property under customary law.
  2. 2 How section 10(2) of the Recognition of Customary Marriages Act should be interpreted regarding the proprietary consequences of converting a customary marriage to a civil marriage.

Ratio Decidendi

The court held that section 10 of the Recognition of Customary Marriages Act allows spouses in a monogamous customary marriage to enter into a civil marriage with each other. Upon conclusion of the civil marriage, the customary marriage is extinguished by operation of law, including its proprietary consequences. The parties are entitled to execute an antenuptial contract prior to the civil marriage, and such contract is valid and effective from the date of the civil marriage. There is no requirement under section 7(5) of the Act or section 21 of the Matrimonial Property Act to obtain prior court approval to change the matrimonial property system in these circumstances. The antenuptial...

Court Disposition

The court declared the antenuptial contract executed on 3 December 2010 valid and ordered the plaintiff to pay the costs of the separated issues.

Orders

  • It is declared that the antenuptial contract executed by the parties on 3 December 2010 is valid.
  • The plaintiff is ordered to pay the costs of the separated issues.