On January 21, 2026, the Constitutional Court of South Africa handed down a pivotal judgment in VVC v JRM ZACC 2, addressing the conflict between customary and civil marriage laws. The case involved a couple who had married under customary law in 2011—a union that defaults to community of property. Years later, they formalized their relationship with a civil marriage and signed an antenuptial contract (ANC) to separate their estates. Upon divorce, the validity of this ANC was challenged.
The High Court had declared Section 10(2) of the Recognition of Customary Marriages Act unconstitutional, arguing that it allowed couples to informally alter their property regime to the detriment of the economically weaker spouse (typically the wife). The Constitutional Court, however, overturned this declaration. The Court ruled that the statute was valid but had been misunderstood. It held that the property consequences of a customary marriage (the joint estate) cannot be extinguished merely by signing an ANC during a civil ceremony.
Instead, the Court affirmed that to change from "in community" to "out of community" of property, spouses must comply with the Matrimonial Property Act, which requires a High Court application. This ensures that a judge verifies that both parties understand the implications and that no creditors are prejudiced. The ruling prevents spouses from inadvertently losing their proprietary rights during the transition to a civil marriage, reinforcing the legal standing of customary unions and protecting women's property rights.
Source: Business Tech