A landmark Constitutional Court ruling on 21 January 2026 has fundamentally changed how South Africans must view the transition from tradition to the courtroom.
In the case of VVC v JRM and Others, the Court ruled that a legally binding customary marriage can be a continuous union that begins the moment cultural rites are completed.
For many, the cultural reference point is Lobola. The Court clarified that once Lobola is negotiated and the bride is integrated into the new family, a legally binding marriage exists—automatically in community of property.
WATCH: Constitutional Court rules on marriage in South Africa
This means that signing a “prenup” (Antenuptial Contract) during a later stage, in court, during an African traditional wedding or during a “white wedding” is legally invalid unless couples follow a strict court process to change their property regime.
To protect individual assets, legal experts now advise that the Antenuptial Contract (ANC) must be signed before the uncles — and aunts in some cultures — even meet for negotiations.