These days more and more people chose not to get married but live in clearly committed and long-term relationships and often even start a family. Different countries, naturally have different legislation regarding whether or not a committed (but un-married) relationship gives your partner a claim against your estate in the event of a separation. This article provides a brief summary with reference to a credible article, but should you require more detail and reference either to legislation or bespoke advice please reach out to us via our “contact” page.

In summary, South Africa does not view non-married partners as having rights to each other’s estates in the event of a separation. While civil unions, customary marriages and traditional marriages are all governed in law, long term relationships are not. This means that in the event of a separation your property going into the partnership as well as that accumulated during the course of your relationship will remain yours.
One can draw up a co-habitation agreement however, if as a couple you have a requirement to clarify and govern how you’d like your financial affairs to be treated in the event of separation.
Here is an article by Legal Wise from July 2022 which summarises the topic nicely and goes into more detail. https://www.legalwise.co.za/help-yourself/quicklaw-guides/cohabitation