You are automatically married in community of property in terms of the law if you did not enter into an Antenuptial Contract prior to your marriage. In community of property means that all your assets and debts together with those of your partner are put together in a joint estate.

Divorce (also known as dissolution of marriage) is the process of terminating a marriage. This is the only manner, beside death, in which the legal duties and responsibilities of a marriage under the laws of the Republic may come to an end. In South Africa, all marriages can only be dissolved by a Decree of Divorce issued out of a competent court.

Requirements for a valid customary marriage

The general requirements for a valid customary marriage entered into after the commencement of the Act are as follows:

Dissolution of customary marriages has changed in form and in substance from what it used to be before the Recognition of Customary Marriages came into effect in 2000.

In terms of South African law, if you do not execute an Antenuptial/Prenup Contract before your marriage then you are automatically by default married in community of property. This means that you and your spouse have a joint estate comprising of all your assets and liabilities and are subject to community of profit and loss which means that you are also liable for each other’s debts and obligations.