More South Africans are choosing long-term relationships without marriage, but legally, cohabiting without an agreement in place offers very little protection. Stats SA confirms that marriage rates keep dropping, yet SA law still does not recognise common-law marriage.
So no matter how long you’ve lived together, shared kids, or bought property…
you are not “basically married.”
The Harsh Reality
Unless you’re legally married under the Marriage Act, Civil Union Act or under Customary/Muslim Law
- you have no automatic maintenance rights, unless you can pass the hurdle of “reciprocal duty of support”
- you have no automatic inheritance
- you are not recognised as a spouse under medical aids, pensions or death benefits
- you cannot rely on “we were together for years” in court
The law asks only:
“What can you prove?”
And proving a permanent life partnership is extremely difficult, even after the Bwanya Constitutional Court case, which applied only to death, not break-ups.
Universal Partnership Agreements Help, But Don’t Cover Everything
A well-drafted contract can outline:
- shared assets
- financial responsibilities
- what happens if you split
But most of them still won’t fully protect you if:
- one partner becomes disabled
- one stops working to raise children
- emotions turn hostile
- someone changes their will
- you need spousal benefits
Even the best agreement cannot replace the full legal protection of marriage.
Wills Aren’t Enough Either
Freedom of testation means your partner can change their will at any time, even without telling you. And if they die without a will, the Intestate Succession Act is at the order of the day.
Bottom Line
If you’re living together, you must understand one truth:
Cohabitation doesn’t provide legal safety. Only planning protects you.
Whether you choose marriage or a legally binding partnership contract, ignoring the legal side of your relationship leaves you exposed.
Take Action: Protect Yourself Now
Don’t leave your future to chance. Book a confidential consultation with André de Villiers & Associates – from the comfort of your bed — and get clear, personalised legal advice.
Book instantly on our live calendar
Email: info@advlegalservices.co.za
Your relationship may be strong — but your legal protection must be stronger.