LIVING TOGETHER ARTICLES
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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.
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
More and more people choose to live together today rather than get married.
If you are two adults who share an emotional, physical and financial relationship similar to that of a married couple but choose not to marry,
Maintenance of Surviving Spouses Act, 1990
The surviving spouse in a marriage dissolved by death has a claim against the estate of the deceased spouse for the provision of his or
Cohabitation (or Domestic Partnership) Agreements
A widely used definition describes “domestic partners” as “two adults who share an emotional, physical and financial relationship similar to that of a married couple
Cohabitation
A relationship where two unmarried adults live together and conduct their relationship like a married couple. Many people cohabit, but unfortunately, cohabitation is currently not