Warning for unmarried couples living together in South Africa
Finance expert JustMoney warned unmarried South African couples living together that, in the eyes of the law, they are treated as separate individuals, with limited automatic claims against each other.
“Many South African couples are surprised to learn that living together, even for many years,
does not automatically confer legal rights, even if they have children,” said JustMoney head of customer experience Sarah Nicholson.
“The mistaken belief that cohabitation creates legal rights can have serious financial
consequences. If you are unmarried and you have no legal agreement,” she said.
According to Nicholson, when a couple is unmarried and living together, several rights are forfeited:
There is no automatic right to claim ownership of a property even if you contributed to its purchase and maintenance.
You also do not have an automatic right to seek financial support from your partner if the relationship ends.
Additionally, you won’t qualify for tax benefits that are available to married couples. For example, money or assets transferred between spouses are exempt from donations tax.
If your partner becomes incapacitated, you do not have the authority to make medical decisions on their behalf.
Without a valid will, the surviving partner has no automatic entitlement to inherit from the deceased partner’s estate. This situation can leave the surviving partner financially vulnerable, or even without a home, during an already difficult time.
Lastly, you cannot claim benefits from your partner’s pension or provident funds.
“The message is simple: if you are building a life together, it’s essential to ensure your legal
and financial arrangements reflect that reality. Failing to do so can leave both partners and their families exposed to unnecessary risk,” said Nicholson.
How to protect yourself
Bernadt Vukic Potash & Getz Attorneys’ family law specialist Sandra van Staden said that there are limited legal avenues that may offer some protection when a relationship ends, or one partner dies.
These include establishing the existence of a “universal partnership,” a legal concept where courts may recognise that a couple has lived together and shared finances, property, and responsibilities.
In such partnerships, each partner contributes to a relationship aimed at their mutual benefit. However, these cases can often be complex, expensive, and uncertain.
The proposed Domestic Partnership Bill aims to assist couples who choose to cohabit rather than marry.
It would provide the option to officially register their relationship as a domestic partnership, granting them similar rights and responsibilities as those in a marriage.
However, it’s important to note that the Bill is still in draft form and has not yet become law.
Currently, the most straightforward way to secure full legal protection is to enter into a legally recognised marriage or civil union.
Civil unions were introduced in 2006 to ensure same-sex couples have access to the same legal protections as heterosexual couples, promoting equality and inclusivity.
Heterosexual couples can enter into a civil union under the Civil Union Act.
Those who choose this option can register their relationship as either a marriage or a civil partnership. Both choices provide the same legal rights and consequences.
For couples who choose not to marry or enter a civil union, it is essential to reduce uncertainty in your relationship.
Nicholson advises that couples draft a will where one clearly names their partner as a beneficiary and specifies what they will inherit, such as property, money, or personal items.
In addition, one should ensure that your partner is legally entitled to shared assets, such as policies, pensions, and medical aid.
Consider granting your partner the right to live in your shared home for a defined period.
Choose someone as an executor who understands your wishes to ensure your estate is distributed according to your intentions.
Outline how property is owned, how finances and expenses are shared, and responsibilities for debts and maintenance after separation.
Nicholson advises couples to get independent legal help to ensure their documents are properly drafted and signed.
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