22/01/2026 Bertus Preller Antenuptial Contracts, Antenuptial Contracts, Black Coffee, Black women property rights, Constitutional Court customary law, Constitutional law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, Divorce, Divorce summons South Africa, EB v ER Constitutional Court, In Community of Property, matrimonial asset division, Matrimonial Properties Act, Matrimonial property forfeiture, Out of community of property, Procedural Law, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act 120 of 1998, Recognition of Customary Marriages Act, Section 8 RCMA, Section 10(2) Antenuptial Contracts, black women property rights, civil marriages, community of property, Constitutional Court judgment, constitutional invalidity, creditor protection, customary law, customary marriages, Deeds Registries Act, dissenting judgment, family law South Africa, Gumede case, joint estate, judicial oversight, Majiedt J, marriage conversion, Matrimonial Property Act 88 of 1984, Matrimonial Property Regime, out of community of property, postnuptial contracts, Recognition of Customary Marriages Act 120 of 1998, Rogers J, section 10(2), section 21 MPA, section 25 Constitution, section 7(2) Recognition Act, section 9 Constitution, spousal property rights, VVC v JRM The Antenuptial Contract Controversy: VVC v JRM and Others [2026] ZACC 2 (21 January 2026) and the Constitutional Court’s Divided Stance on Customary-to-Civil Marriage Conversions. Factual Matrix: From Customary Union to Civil Marriage and the Antenuptial Contract Conundrum The applicant, VVC, and the first respondent, JRM, entered into a customary marriage on 5 August 2011.… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE