Mashisane v Mhlauli (2020/11024)
Mashisane v Mhlauli (2020/11024) [2021] ZAGPJHC 645 (8 November 2021)
The applicant's denial of the existence of a customary marriage and intention to marry by customary rites is central to the case. The ante-nuptial contract was registered in contemplation of a civil marriage that never occurred. The applicant seeks to substitute one marital regime for another without establishing a proper foundation or complying with the necessary requirements. On the facts presented, it is not possible to enforce an ante-nuptial contract for a non-existent marriage. The application for leave to appeal does not meet the statutory test for reasonable prospects of success or co…
Source excerpt
- Customary Marriage
- Ante Nuptial Contract
- Leave To Appeal
- Marital Regimes