Actio Communi Dividundo And The “Clean Break” Principle
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
October 6, 2022
LIVING TOGETHER ARTICLES
Bwanya case
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.
November 19, 2019
Common law marriage in South Africa
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
April 5, 2017
What to include in a life partnership agreement
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
May 9, 2014
Domestic Partnership
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
May 9, 2014
Contract for love
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
May 9, 2014
Protection for unmarried couples who buy a home
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
May 9, 2014
Rights of a ‘spouse’ in a same-sex relationship
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
May 9, 2014
Muslim and Hindu marriages
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
May 9, 2014
Unmarried ‘survivor’ not entitled to maintenance from the estate of her deceased partner
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
May 9, 2014
“Divorce” of cohabitees: Can pension benefits be shared?
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
May 9, 2014
Domestic partnerships
Synopsis: legislative changes are being discussed to correct the perceived imbalances which currently exist between recognising marriage as the only legally intimate partnership and domestic
May 9, 2014