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
20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… READ MORE