Understanding ConCourt Rulings On Prenup Signed After Civil or Customary Marriage

January 21, 2026 / Kings

For years, there has been a misunderstanding among couples about prenuptial agreements signed after lobola has been paid. In a recent Constitutional Court ruling, it was confirmed that prenuptial agreements signed after a civil or customary marriage has already taken place are invalid.

The ruling was delivered on Wednesday, 21 January 2026, following a case brought by VVC and JRM. The couple were married in 2011 under customary law in community of property and later entered into a civil marriage.

The court ruled that when people who are already married under customary law later enter into a civil marriage with each other, the civil marriage does not cancel or end the customary marriage. Instead, it subsumes it.

What does this mean?

• Couples will not be able to change their matrimonial property system simply by signing a contract once they are already married, whether under customary or civil law. The existing property regime remains valid unless changed through a court-approved process.
• A prenuptial agreement must be signed before any lobola is paid or before a civil marriage is conducted.
• Couples who wish to change their property regime after marriage must apply to court for approval.