Lawyer Spill Tea, Says in Customary Marriage the Other Is Entitled to 50% of Estate and R250k

Lawyer Spill Tea, Says in Customary Marriage the Other Is Entitled to 50% of Estate and R250k

  • One lawyer advised on the importance of filing for divorce when in a customary marriage
  • She said one cannot just move on to another commitment without the permission of their spouse
  • The online community reacted to the woman's advice, with many sharing their different views

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A lawyer emphasised the importance of divorce in customary marriages to avoid complications.
A lawyer gave information about customary marriages. Images: @maryjaneesq
Source: TikTok

A lawyer highlighted the importance of filing for divorce when you are no longer with someone you were customarily married to.

According to the Western Cape website, customary marriage is negotiated and celebrated in accordance with the existing systems of indigenous African customary law.

There is no certain number of times a man may enter into customary marriage. However, before entering into another one, an order from the court regulating the future matrimonial property system of his marriages has to be obtained.

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Lawyer says no one is allowed to refuse divorce, TikTok video goes viral

@maryjaneesq took to her TikTok account and highlighted the common thing of people in a customary marriage moving on to their next marriage as if the last one didn't exist.

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The woman said in a customary marriage, each apartment is entitled to 50% of their property, and that is before the additional R250 000 that they are entitled to each in the marriage.

The lawyer emphasised the importance of people divorcing when they are no longer together because customary marriage is also recognised in the court system.

Lawyer advises people to divorce in a customary marriage

Watch the insightful TikTok video below:

TikTokkers shared mixed opinions

The video gained over 25k likes, with many online users sharing their different opinions about the matter.

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@Nonhlanhla shared:

I like it when people disagree with lawyers and start to refer to their cultures, unfortunately, SAcan law says this wena you want to tell us about your culturele santse le tlo utlwa boima."

@Dardly joked:

"My sister thina we are not law-abiding citizens we marry after marrying another person."

@Zinhle Mbense said:

"Please tell my ex-husband coz he’s out there awol living his best life, thinking he can move on without properly divorcing me… the awakening he needs is urgent "

@jamaika195 asked:

"How do you Divoce, you demand the lobola money back?"

@cebisa advised:

"Rather not get married at all."

@Nelly_q appreciated:

"Thanks for info the prenup will be signed before lobola."

A wife divorced her husband who was married with three kids

In another story, Briefly News reported about a wife who filed for divorce after she discovered that her husband was married and had three kids.

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South African woman shares incredible workplace perks on TikTok, leaving netizens envious

Twitter user @ruvimbo_1 posted screenshots from the wife's private Instagram account with the handle @ladyjasminec, who had posted one of her wedding photos pictured her soon-to-be ex-husband and status screenshots of why she was leaving her marriage of nine months.

Source: Briefly News

Authors:
Sinothando Siyolo avatar

Sinothando Siyolo (Editor) Sinothando Siyolo is a Human Interest Writer at Briefly News. He holds a Bachelor of Arts (BA) degree from the University of Cape Town (UCT), with majors in Media and Writing, Politics and Governance. Before joining Briefly, Sinothando worked as a Content Producer for Hibari Media and as a News Content Producer for The South African (TSA). He has the ability to write across various sections - News, Human Interest, Politics, Entertainment, and Business. He joined Briefly in 2023. You can contact Sinothando at s2pinyana@gmail.com

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