In South Africa, the concept of “common-law marriage” is often misunderstood. Many people believe that if they live with their partner for a certain period, they automatically gain the same legal rights as married couples. However, this is a myth. South African law does not recognize common-law marriage, regardless of how long a couple has lived together.
What Does South African Law Say?
Unlike some countries, South Africa does not have legislation that grants unmarried couples automatic rights based on the duration of their cohabitation. The Recognition of Customary Marriages Act and the Civil Union Act provide legal frameworks for marriages, but these do not apply to unmarried couples living together.
This means that if you are in a long-term relationship without being married, you do not have automatic claims to your partner’s property, assets, or estate in the event of a breakup or death. For example:
- Property Rights: If a property is registered in one partner’s name, the other partner has no legal claim to it, even if they contributed financially.
- Inheritance: Unmarried partners are not automatically considered heirs unless specified in a valid will.
- Maintenance: There is no legal obligation for one partner to support the other after a breakup, unless agreed upon in a cohabitation agreement.
Why Is This Misconception Dangerous?
The belief in common-law marriage can lead to significant financial and emotional hardship. Many couples only discover their lack of legal protection when it’s too late—during a breakup or after the death of a partner. Without proper legal documentation, such as a cohabitation agreement or will, disputes can arise, leading to lengthy and costly legal battles.
How Can You Protect Yourself?
- Cohabitation Agreement: This legally binding contract outlines the rights and responsibilities of each partner, including property ownership, financial contributions, and child custody arrangements.
- Will: Ensure that your partner is included in your will if you want them to inherit your assets.
- Antenuptial Contract: If you plan to get married, consider an antenuptial contract to define the terms of your marriage.
Engelsman Magabane Incorporated: Your Legal Partner
At Engelsman Magabane Incorporated, we specialize in family law and understand the unique challenges faced by unmarried couples. Our experienced attorneys can help you draft a cohabitation agreement, create a will, or provide advice on protecting your rights.
Don’t fall victim to the myth of common-law marriage. Take proactive steps to secure your future. Contact Engelsman Magabane Incorporated today for expert legal guidance tailored to your needs.
Maintenance claims remain a developing area of law, with new cases shaping its application and interpretation. It is essential to seek expert legal advice to ensure you stay informed and protected. Contact Engelsman Magabane Incorporated for guidance tailored to your specific circumstances.