Challenge To Antenuptial Contracts in Customary Marriages

Mart Rand24 Sep, 2024Legal

The Court agreed that the financially weaker spouse in a monogamous customary marriage could be prejudiced against, since those in pure civil marriages could not see their marriage affected without judicial intervention, and the weaker financially spouse was generally the woman. This meant that prejudice did exist on the basis of sex and to a degree of race, both of which are listed grounds of discrimination in the Constitution. The Court further held that the discrimination was also unfair.