The Constitutional Court has ruled that entering into a civil marriage does not cancel an existing customary marriage, confirming that the customary union remains legally valid. The court also found thatantenuptial contracts signed after a customary marriage are invalid, meaning couples remain married in community of property unless a valid agreement was concluded beforehand. The ruling has sparked debate about the balance between protecting vulnerable spouses, particularly women in customary marriages, and respecting couples’ freedom to decide how their marriages and property arrangements should be structured.
Supporters argue the judgment strengthens the recognition of customary marriages and prevents spouses from losing property and inheritance rights. Critics say it limits personal choice and creates uncertainty for couples who later opt for a civil marriage.
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