Beware the “Common Law Marriage” Myth

KVV Inc Attorneys

Published on: 04/03/2025

In South Africa, "common law marriage" is a myth. Living together, even for decades, doesn't grant the same rights as marriage or civil union. Upon separation or death, partners don't automatically inherit or have legal protections. Proving a "universal partnership" in court is difficult, requiring evidence of shared resources, joint benefit, profit motive, and a legitimate contract. A formal cohabitation agreement is crucial to protect both partners financially and legally.