Life Partners: Beware the “Common Law Marriage” Myth!

KVV Inc Attorneys

Published on: 04/03/2025

South African law doesn't recognize "common law marriage." Cohabitating couples have no automatic legal rights or duties like married couples. A "domestic partnership agreement" (cohabitation agreement) is crucial. It should detail financial arrangements during the relationship and upon separation or death, including asset division, maintenance, and liability allocation. Wills are equally vital, as intestacy laws don't protect surviving partners. Without these, you risk losing everything after a breakup or the death of your partner. While limited rights exist in some areas (e.g., child maintenance), relying on these is risky. A cohabitation agreement is the best way to safeguard your future.