Click here to view/download the case PDF 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 between them. This is a common misunderstanding. A widely-used definition describes “domestic partners” as “two… Continue Reading
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
What to include in a life partnership agreement
The agreement provides for what happens if the relationship ends 1. Your home a. Is it jointly or solely owned? If it is co-owned, then nothing happens on termination of the relationship: each party retains his or her share; b. If only one party owns it, provide for whether or not the owner must reimburse the non-owner for… 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
Rights of a ‘spouse’ in a same-sex relationship
The Gory and Brooks case changed the law At a time when same-sex marriages were not allowed Mark Gory and his partner, Henry Brooks, met in 2003, bought a house in 2004 and lived together as a married couple until Brooks died suddenly, without a will, in April 2005. Brooks’s family started taking things from the… 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
“Divorce” of cohabitees: Can pension benefits be shared?
There is no law that deems a member’s pension assets to be transferred into a partnership and be available as a partnership asset to be divided on the dissolution of a universal partnership. By Deborah Escott-Watson (BA LLB (UKZN) Adv Post Grad Dip in Financial Planning Law (UFS)), a legal adviser at Old Mutual in… Continue Reading
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