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In a customary marriage, matrimonial property is presumptively jointly held and to be valued and divided equally under constitutional fairness.
Matrimonial property – customary marriage (Chitengwa) – applicability of customary law vs Common law – constitutional fairness under s24(1)(b)(i)– meaning of ‘held jointly’ – registration/gift not conclusive – equal sharing presumption – maintenance under s24(1)(b)(ii).
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