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South Africa decisions
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R.M v T.M (1142/2014) [2018] ZALMPPHC 22 (29 November 2018)
The court held that an antenuptial contract was valid where spouses in a customary marriage later concluded a civil marriage with each other.
M.M v M.N and Another (29241/09) [2010] ZAGPPHC 24 (24 March 2010)
The court held that the Recognition of Customary Marriages Act requires a husband in a customary marriage who wishes to enter into a further marriage to obtain a court-approved contract regulating the matrimonial property system. The failure to comply with this requirement renders the subsequent marriage void, as the Act's imperative language and its purpose to protect the rights of existing spouses and children leave no room for discretion. The first respondent's marriage to the deceased was not preceded by such a contract and is therefore void. The applicant's marriage, concluded before the…
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