Don’t leave your customary marriage emptyhanded. These are your rights if you’re getting divorced

It's all everyone is talking about. The Achraf Hakimi method, some have called it, as they rush to find a way to copy it. 

In short, it's been found that the footballer, who earns millions a month, doesn't have any property or money to his name. 

This was revealed in the course of the divorce from his wife Hiba Abouk, who found out that he had been registering everything in his mother's name. 

They are married in community of property, but because it's all not in his name, she doesn't get a share. 

They are getting divorced after the footballer was accused of rape. 

But all everyone is interested in is how they can get the same deal.

Here's how to make sure you don't walk away empty handed from a customary marriage. 

There are often misconceptions when it comes to customary marriage – and one of the main ones is that women don’t believe they can get an equal share of the assets in the event of a breakup.

Women often assume that everything belongs to the husband and his family, and that they simply have to walk away.

But there are ways to ensure the woman doesn’t leave emptyhanded.

Here’s what she needs to know before entering a customary marriage and if her relationship ends.

MAKE SURE YOUR CUSTOMARY MARRIAGE IS LEGAL

Sometimes a woman tries to claim maintenance from her customary-law husband only to have him refuse to acknowledge the marriage took place.

He claims the lobola payments weren’t finalised and the marriage wasn’t celebrated according to customary law.

If you don’t register the marriage, it doesn’t mean it isn’t valid. However, if you do register, the relationship’s status then becomes unmistakeable.

EQUAL PARTNERS

All customary marriages are in community of property unless the couple draw up an antenuptial agreement that clearly states that it is out of community of property.

Community of property means all the assets you own and your husband owns fall into one joint estate.

So a wife or all wives are equal partners with the husband. If the marriage ends, they are entitled to their share of everything.

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IF YOUR MARRIAGE IS BREAKING DOWN

Customary marriages can only be ended by filing for divorce through a court of law.

Even if you didn’t register the marriage at home affairs, you still need to file for divorce to legally end your union.

Mabule says both parties should get their own attorneys who have a full understanding of customary-law marriage, and who are members in good standing of the Law Society of South Africa (see Get help here).

Get an estimation of legal fees and, if you pay a deposit, get a receipt.

If you can’t afford a lawyer, Mabule suggests asking advice from a Legal Aid clinic at a university near you.

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