Cohabitation and South African Law

There is no "common-law marriage" in South Africa. This is one of the most widespread legal misconceptions in the country. No matter how long you have lived together, cohabitation does not give you the same legal rights as marriage. You do not acquire spousal rights simply by living with your partner.Without a marriage, civil union, or cohabitation agreement:

• You have no automatic right to your partner's property if the relationship ends
• You have no right to maintenance from your partner
• You have no right to inherit from your partner's estate if they die without a valid will naming you as a beneficiary
• You have no claim to your partner's pension or medical aid benefits
• You do not enjoy the tax benefits available to married couples

South African courts have, in limited circumstances, recognised a "universal partnership" between cohabiting partners. However, proving a universal partnership requires civil litigation, involves substantial legal costs, and success is by no means guaranteed.

The Practical Solution

Enter into a notarial cohabitation agreement that clearly sets out your respective rights and obligations. And ensure that both partners have valid wills reflecting their wishes.

Legislation That Recognises Cohabitation in Certain Contexts

While cohabitation is not generally regulated by statute, certain Acts do extend some recognition or benefits to life partners, including the Domestic Violence Act 116 of 1998, the Medical Schemes Act 131 of 1998, the Income Tax Act 58 of 1962, and the Estate Duty Act 45 of 1955.