Common law marriage in South Africa

A client asked me how long couple must live together, before they are regarded as being in a common-law marriage. Common-Law marriage In South African law, there is no such thing as a common-law marriage, no matter how long a couple may live together. Their cohabitation does not create any automatic legal rights and duties… Continue Reading

Domestic Partnership

Recent developments in the Law  By WILLEM PRETORIUS COUNCILLOR: GAUTENG LAW COUNCIL EDITION 02/2004 JUNE 2004 A seminar on Family Law was held on 4 May 2004 at Gallagher Estate, various speakers participated and Beth Goldblatt gave a very interesting presentation on the Recognition of Domestic Partnerships, Recent Development in the Law. At present, marriage (recognized in… Continue Reading

Contract for love

The author deals with cohabitation, marriage, divorce and the painful process of winding up an estate after death. Wherever your relationship is going, take this information with you and you’ll be better prepared for the future. Contract for love   Source: The Saturday Star’s Personal Finance published on October 16, 2004. By Charlene Clayton Romance and finance… Continue Reading

Protection for unmarried couples who buy a home

With interest rates still low and home prices soaring, more and more couples are committing to home ownership before committing to marriage. But there are some special considerations involved with buying a home for an unmarried couple, and couples should be aware of their rights should something go wrong. Protection for unmarried couples who buy… Continue Reading

Muslim and Hindu marriages

Traditional Muslim and Hindu marriages are not recognised by civil law But if spouses go through a civil marriage ceremony or are married by a priest who is a marriage officer, the law will recognize their marriage. The husband then cannot marry any other woman by civil law or religious law. The legal consequences of… Continue Reading

Unmarried ‘survivor’ not entitled to maintenance from the estate of her deceased partner

In the case of Richard Gordon Volks NO v Ethel Robinson and Others, the Constitutional Court heard an application concerning a woman who wanted to be paid maintenance from her unmarried partner’s estate. Mrs Robinson was in a permanent heterosexual life partnership with Mr Shandling from 1985 until his death in 2001. They did not… Continue Reading

Domestic partnerships

Synopsis: legislative changes are being discussed to correct the perceived imbalances which currently exist between recognising marriage as the only legally intimate partnership and domestic partnerships between people of the same or opposite sex. DOMESTIC PARTNERSHIPS By Johan Gresse, Councillor, LAW SOCIETY OF NORTHERN PROVINCES Synopsis: legislative changes are being discussed to correct the perceived… Continue Reading

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