Common law marriage in South Africa
In South Africa, there is no such thing as a common law marriage. This means that simply living together with someone, even for a long time, does not give you the same legal rights and obligations as being married.
Here’s a breakdown of the key points:
- ☑️ Misconception: Many people believe that cohabiting for an extended period creates a common law marriage, but this is not the law in South Africa.
- ☑️Legal Recognition: South Africa recognizes civil marriages, customary marriages, and civil unions as legal partnerships. These unions come with specific rights and responsibilities for spouses or partners.
- ☑️ Cohabitation: Cohabitation simply refers to unmarried couples living together. There are no legal consequences or protections attached to cohabitation itself.
Possible Reasons for the Misconception:
- 📌 Influence of Other Legal Systems: Some countries recognize common law marriages, which might lead to confusion.
- 📌 Lack of Formal Ceremony: Couples in common law marriages don’t have a formal ceremony, which can be a misconception in South Africa where civil marriages or civil unions require official procedures.
Implications of Not Being Married:
- ☑️ Financial Matters: There’s no automatic sharing of assets or liabilities acquired during the relationship.
- ☑️ Inheritance: One partner is not automatically entitled to inherit from the other upon death without a will specifying such inheritance.
- ☑️Parental Rights: Cohabitation doesn’t automatically grant parental rights to a partner who is not the biological parent.
Alternatives to Common Law Marriage:
- ✅ Civil Marriage: This is the most common option for heterosexual couples seeking a legally recognized union.
- ✅ Civil Union: This offers similar rights and obligations to civil marriage for same-sex couples.
- ✅ Cohabitation Agreement: While not a formal marriage, couples can draft a cohabitation agreement to outline financial arrangements, division of property, and other aspects of their cohabitation. A lawyer can help draft such an agreement.
Remember:
- 📌 If you’re unsure about your legal rights and obligations in a cohabiting relationship, consulting with a lawyer is recommended.
