Editor’s note: the law has since changed. In the Bwanya case, The Constitutional Court held that Section 1(1) of the Intestate Succession Act is unconstitutional and invalid insofar as it excludes the surviving life partner in a permanent opposite-sex life partnership from inheriting in terms of this Act and that the word “spouse” includes a partner in a permanent opposite-sex life partnership in which the partners had undertaken reciprocal duties of support. The judgement also deals with same-sex partners that cohabit permanently, maintenance claims, etc.
Introduction: The Evolution of Inheritance Rights for Cohabiting Partners In South Africa, the legal rights of life partners—both same-sex and opposite-sex—to inherit from a deceased
Written by Sasha Kadish A client and his girlfriend bought a house together. Their relationship soured, and they reached an impasse. Each wanted to stay
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
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
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
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
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
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
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
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
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
