Warning for unmarried couples in South Africa
Unmarried couples living together in South Africa must remember that they do not automatically qualify for the rights of married couples.
This is according to Cor Van Deventer, Director and Attorney at VDM Incorporated, who warned that couples cannot rely on the Domestic Partnership Bill, as it is still in its draft form.
This is why he urged cohabitating couples to enter into a written, legally enforceable contract.
“A life partnership agreement outlines the responsibilities, rights, and expectations of each person by formalising their commitment and protecting their individual and shared interests,” he said.
“It will save a lot of money and heartache down the line if the relationship comes to an end.”
Van Deventer said his firm is handling two splits per month, up from almost zero a couple of years ago.
Some cases involve registered homeowners whose partners, while they lived together, financially contributed towards maintenance, renovations or household expenses.
“But, after the relationship ended, their former partners refused to move out. Some stop all payments; others insist that they’re entitled to a share of the property or compensation for their financial contributions and emotional attachment to the property during the relationship.”
One case that Van Deventer is working on is one in which one partner stopped paying half of a bond following a breakup. He is also calling for 50% of the proceeds from the sale of the house.
He warned that verbal agreements and emotional investments carry very little weight in court.
“We then have to rely on common law principles and precedent, which can take years of expensive litigation and mediation to resolve the matter.”
A life partnership agreement to be legally enforceable requires several important details, including asset and liability schedules, property ownership details, joint purchases, banking and other expenses.
“This way, each party will have legal protection, financial security, peace of mind in case of separation, death, or disputes, and recognition in terms of administrative and legal processes.”
What else to keep in mind
Regarding life partnership agreements, pets are another issue that can also create an incredibly emotional issue.
Life partnership agreements do not automatically provide for pets. Pets are treated as personal assets and belong to the registered owner, unless explicitly stated in the agreement.
On top of this, partners need to ensure that they get their life partnership notarised, as it will significantly strengthen its legal standing and enforceability.
“For one, the Department of Home Affairs often requires a notarised life partnership agreement for visas because it demonstrates the genuine nature of the relationship.”
“It can also be vital for proving cohabitation when registering a partner on medical aid.”
The second reason is that it provides for authentication and proof of the agreement’s validity, which makes it more readily accepted and respected by legal and administrative bodies in South Africa.
Finally, it provides international recognition for same-sex couples or couples moving to countries where civil unions are not fully recognised.
A notarised life partnership agreement can thus serve as crucial evidence of a committed relationship in international contexts.
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