“Where Are Your Offices?”: Lawyer Shares Legal Advice on Lobola and Prenup, SA Questions

• A local lawyer offered crucial legal advice on prenuptial agreements specifically tailored for African couples navigating lobola traditions
• The detailed explanation, shared on TikTok, clarified the optimal timing for signing a prenup about lobola negotiations, emphasising legal implications
• Social media users responded with a flurry of questions, expressing concerns about the practicalities of pre-lobola agreements and seeking further legal guidance

A local lawyer reshared vital information about prenuptial agreements, focusing on their application within African cultural contexts.

The illuminating video, shared on TikTok by @legalamesy, provided much-needed clarity, generating considerable discussion among social media users.

The legal expert explains that for African couples intending to marry with a prenup, it should be prepared and signed before the groom's family approaches the bride's family for lobola negotiations. She advises her clients to complete the signing process even before the very first negotiation meeting takes place. The lawyer clarifies that a prenup can still be created after lobola has been paid. She does, however, emphasise the crucial need for a written document stating that the lobola payment does not, by itself, constitute a legal marriage between the couple.

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Understanding prenups and lobola

She further explains that the agreement can be finalised after the letter of intention is sent, but before the actual negotiation sitting. The primary reason for completing the prenup before lobola payment, she detailed, is that lobola is often culturally and legally regarded as the point at which a marriage takes place.

As prenuptial agreements cannot be made after a marriage has legally occurred, this timing becomes critical for African couples seeking such a contract. She concludes by stressing the importance of a prenupt, calling it one of the most significant contracts an individual can ever formalise in their lifetime, offering vital protection.

SA questions the legal advice

The clip gained massive views, likes, and comments from social media users who had a multitude of questions for the lawyer. Many expressed a strong desire to understand more intricate details about prenuptial agreements, as they relate to diverse cultural practices. A common concern among commenters was the potential trickiness of signing such an agreement before lobola negotiations, as many noted that negotiations do not always proceed smoothly or as expected, raising fears of complications.

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Some users delved into more personal queries, sharing stories about their marital legal rights and seeking advice on specific situations with their unions. Others inquired about post-nuptial agreements, demonstrating a broad interest in various legal avenues for marital asset protection beyond the pre-marital stage.

User @Thokozile Sibiya asked:

"What if elders just met and only half of the lobola is paid, with no celebrations done, no goat tradition performed, and there is no traditional beer? Is it still considered marriage?

User @Tebo_tm commented:

"I’ve been married to my husband (customary) for 18years. We separated for a year. Just recently, I found out that he went to sign for a civil marriage. What measures can I take? We're not divorced yet. I have the lobola letter, the deposit slip (lobola money payment), and pictures of the celebration."

User @kwanele enquired:

"If I pay the negotiation money for lobola and now we are separated, will she still get 50% of my pension?"

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User @Baorate events said:

"But how can you go and sign before the parents meet? Culturally, it’s not allowed."

User @WarchildZAa asked:

"How much is the prenuptial?"

User @Jackie Phamotse enquired:

"Where are your offices?"

Watch the TikTok video below:

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Source: Briefly News