03/07/2025 Bertus Preller Customary Law, Customary marriage requirements, Customary Marriages, Marriage registration, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity accrual system, African marriage, ante-nuptial contract, civil law, civil marriage, community of property, cultural marriage, customary law, customary marriage, Deeds Office, Family Law, legal concessions, Limpopo High Court, lobola, marital property, Marriage Act, marriage certificate, marriage disputes, marriage regimes, marriage validity, matrimonial law, matrimonial regimes, Property Division, Recognition of Customary Marriage Act, Rule 33, spousal property rights, stated case, traditional marriage, wedding ceremonies When Spouses Cannot Agree on Their Marriage Regime: L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025) and the Impossibility of Concurrent Matrimonial Systems. Factual Matrix: When Spouses Disagree on Their Marriage Regime The dispute in this matter exemplifies a peculiar but increasingly common phenomenon in South African family law where spouses find themselves… READ MORE
03/07/2025 Bertus Preller Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary Marriages, Desertion, Lobola negotiations, Marriage registration, Netshituka principle, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity Alexkor case, candidate attorneys, civil marriage nullity, civil marriage void, Constitutional Court customary law, court decree divorce, customary law South Africa, customary marriage dissolution, customary union, desertion marital home, estate administration, estate distribution, family law attorneys, family law practitioners, inheritance rights, irretrievable breakdown, judicial oversight, law students, lobola negotiations, marriage registration requirements, Netshituka principle, polygamous marriages, Recognition of Customary Marriages Act, Section 8 RCMA, spousal consent, Supreme Court appeal, traditional marriage validity Desertion Does Not Dissolve: Eastern Cape High Court Clarifies Customary Marriage Dissolution Requirements in N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025). Factual Matrix: A Tale of Two Marriages and Competing Claims to the Deceased Estate This case presents a complex factual scenario involving competing matrimonial claims that unfolded over several decades.… READ MORE