Zakes Bantwini has revealed that he and his wife Nandi Madida mistakenly entered into a wrong marriage contract.
The power couple are set to dissolve their “in community of property” marriage contract.
Four years into the marriage, Zakes Bantwini revealed that he and his wife songstress wife Madida had entered into a wrong marriage contract. Now the couple is asking the court to help them amend the terms of their marriage contract.
Bantwini wants their marriage to be converted from “in community of property” to “out of community of property”.
According to Sunday World, the award-winning musician filed a court order, requesting for his wife, to be removed from their R5-million joint estates. The couple own properties, including a R3.5-million mansion in Durban, and a R1.5-million house in Joburg.
Bantwini alleged that his marriage contract with the “Black is King” star was due to a “misunderstanding with the marriage officer” hence they are appealing for the court to rectify the error.
“And as a result of a misunderstanding between ourselves and the marriage officer, who conducted the marriage ceremony, we understood incorrectly as it now appears that he would be in a position to ensure that our marriage would be out of community of property without the application of the accrual system,” read the Zakes Bantwini’s affidavit seen by the Sunday publication.
It is alleged that Madida is not disputing the actions taken by Bantwini. She signed an affidavit, declaring her agreement to dissolve their “in the community of property marriage.”
The couple tied in the knot in 2016 and they have two children, Shaka and Nefertiti.
Fun fact: In terms of South African law, if you do not properly execute an antenuptial contract prior to marriage you are by default married in community of property.
Although by law you are not allowed execute an ante-nuptial contract after marriage, the good news is that it is possible to change your matrimonial property regime from in community of property to out of community of property by registration of a Postnuptial Contract by virtue of s 21(1) of the Matrimonial Property Act with the permission of the High Court.