Terminology: Customary Marriages

Question 1

Lobolo

Answer 1

Property in cash or kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary
marriage

Question 2

Isondlo

Answer 2

A form of payment or remuneration by a guardian of a child to a person who takes care of the child

Question 3

Antenuptial contract

Answer 3

A contract entered into PRIOR to conclusion of the marriage in terms of which the intended spouses agree on the property system which will apply to their marriage

Question 4

Postnuptial contract

Answer 4

A contract entered into AFTER the marriage has been concluded in terms of which spouses agree to CHANGE their matrimonial property system

Question 5

Pension benefit

Answer 5

1) The accumulated pension which accrues to a member spouse’s estate when they meet certain exit conditions 2) i.e. retirement, retrenchment, dismissal etc.
3) Also right to pension

Question 6

Pension interest

Answer 6

An interest which has not yet accrued to a member spouse’s estate.
Generally not regarded as an asset in a
person’s estate, but for purposes of divorce it is deemed an asset by section 7(7) of the Divorce Act

Question 7

Forfeiture order

Answer 7

An order of court in terms of which one
spouse must forfeit, in whole or part, a
patrimonial benefit acquired by virtue of the matrimonial property system when it is proven that the receipt of such benefit could be considered undue/ inappropriate.

Question 8

Redistribution order

Answer 8

Fair and just division of assets where one spouse benefited substantially from pooled resources or contribution to their estate by the other spouse.
See Gumede v President of the Republic of South Africa.