The Citizen spoke to lawyer Tebello Motshwane about the intricacies couples overlook when getting married.
Such is her zeal for legal education, that her pinned tweet emphasises the importance of drafting an ante nuptial contract before the dowry negotiations take place.
“These actions by the prospective spouses and families can be construed as a conclusion of a customary marriage. That is why it is important for especially black people to have a marriage contract drawn up before the negotiations take place so as to avoid any confusion,” the lawyer said. “It is however advisable for couples to prioritise registering their customary marriages at Home Affairs within three months after negotiations and/or celebrations take place so as to have readily available proof of the existence of their marriage in the form of a certificate.”“That is marriage contracts. The contracts determine how the parties will deal with their finances in future.
“You want to mitigate as much of the loss as possible by ensuring that you are not liable for each other’s debts because it can happen that you lose everything as a couple if you join your respective estates in community of property.”Motshwane says a number of clients observe customary practices and still conclude a civil marriage afterwards. She says nothing precludes a couple who are married under customary law to subsequently enter into a civil marriage with each other.
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