Introduction

In South Africa, more and more couples are choosing to live together without formally marrying. This is often called cohabitation or a life partnership. While the arrangement may feel just as committed as marriage, the law does not automatically see it that way. Many South Africans assume that living together for years creates the same legal protections as marriage, but in reality, it does not.

What This Means for South Africans

For cohabiting couples, the absence of a marriage certificate means there are no automatic rights to:

• Property owned by the other partner,
• Inheritance if a partner passes away,
• Maintenance or financial support if the relationship ends.

This legal gap has left many South Africans vulnerable, especially where long-term partners have pooled their lives together but not taken steps to legally protect themselves.

What South Africans Need to Know

It’s important to understand that living together does not constitute marriage. Even if you share a home, raise children together, and have joint accounts, the law does not recognise you as spouses. This can have far-reaching consequences if the relationship breaks down or one partner dies.

How to Prevent an Unwarranted Situation

The good news is that couples can take steps to protect themselves, such as:

• Draft a Cohabitation Agreement: This document can set out how assets, debts, and responsibilities are shared during the relationship and in the event of separation.
• Update Your Wills: Without a will, your partner may not inherit from your estate.
• Consider Financial Planning: Make sure pension beneficiary forms, insurance policies, and property registrations reflect your intentions.

Taking these steps can provide peace of mind and security for both partners.

A Landmark Case: Bwanya v The Master of the High Court

The issue of cohabitation reached South Africa’s Constitutional Court in the 2021 case of Bwanya v The Master of the High Court. In this case, the court ruled that it was unconstitutional to exclude life partners from inheriting in certain circumstances. The judgment was an important recognition of the realities faced by unmarried couples. However, it also highlighted that the law still does not give cohabiting partners the same automatic rights as married spouses. While the decision was a step forward, it does not eliminate the risks of cohabitation without a legal framework in place.

Conclusion

Love and commitment take many forms, and for some, marriage may not be the path they choose. But in South Africa, it’s critical to understand that cohabitation does not provide the same legal safety net as marriage. To protect your relationship, your partner, and your shared future, proactive legal planning is essential. Draft agreements, update wills, and seek advice where needed, because when it comes to the law, assuming protection exists can leave you unprotected.

Sincerely,

Sharne Gous Founder, The Law Box