CO HABITATION

unit
study I

as introduction

i) definition

↳ living together marriage act

Al universal partnerships
i t O civil unions act
↳ Wo
Marriage legally binding
shares property for mutual benefit
.

↳
.

recognition customary marriages

of act

↳
regardless of gender ↳ Court recognizes for couples ; NOT in a civil marriage
↳ permanent relationship
↳ contributions unclear =
equal division of assets

Or

b) legal recognition based on contributions

↳ no protection under common law i) Requirements :

1) each partner contributes something

↳
contractual basis
benefit
2) for joint
↳ cohabitation contract 3) profit
goal =

(incl unjustified enrichments

legitimate
.

4) contract is

c) patrimonial consequences
Domestic Partnership Bill
↳
regulated by
themselves g)
↳ default :

in
community of property i) Aim :
address legal disparities between

cohabitants and married couples

d rights and obligations ii) Objectives

:

Status
↳ cohabitation contract NOT enforcable
recognise legal
obligations
regulate rights
+

2)
against 3rd parties
interests
3) protect
wo State
↳
may end relationship 4) determine fin .
relationships

↳ Reciprocal Duty Support

:

Langmant Case
Requirements
of
iii) :

↳ uncertain
legal for mal
-

officer
↳ Gory v Kolver :
1) monogamous 1) procedure by Registration

i) extended det of "spouse" to same-sex 2) 18 or older 2) provide documentation

ii) opposite -sex= exluded 3) official premises

3) consanguinity +

affinity on

.. could not inherit intestate prohibited 4) both partners +

officer ->

present
4) at one SA formula
least 5) no prescribed
↳
Bwanya v Master of High Court :

6) certificate after signing

i) challenged "spouse" det exclusion of

opposite -
sex life partners
consequences
:
iv) legal
ii) def found invalid
11 cannot enter another registered partnership
iii) corrected mistake of
Gory case
-> fin means needs
Support
+

to
2) Duty
.

joint property disposal

3) limits on

e) Intestate Succession Act

home
4) both partners can occupy family
spouses and civil partners
↳ allows surviving 5) Partners can create partnership agreement

↳ inconsistencies w .
cohabitants BUT it only binds the parties

either is dependent on the other

↳ General position
:

prove
v) termination
=can raise a claim
/ court order
1) death , agreement
Proof death certificate
↳ Cohabitants DO NOT QUALIFY for claim under Maintenance of
:

2)

death claim for damages

Surviving spouses Act ! 3) Wrongful
:

4) termination agreement by formal procedure

↳ Du Plessis vRAF :

extended def to incl Same -

Sex
.

involved ->
requires court order
5) Minor children
:
excluded opposite Sex property division by
6) No agreement maintenance court
= +