Introduction — The truth about “common-law marriage”
There is no “common-law marriage” in South Africa. But that doesn’t mean you have no rights. Your protection comes from what you structure, what you can prove, and — since the latest reforms — where the law now recognises qualifying life partners in estates. This page is your quick, plain-English map of property, maintenance, and children.
Property – it follows title unless you change the story
If the home is in one name, that person owns it. To protect both partners:
- Co-own from day one (title deeds reflect reality).
- Or write it down — a cohabitation agreement that sets ratios, buy-out, and improvements.
- If it’s too late for that, a universal partnership claim may recognise what your life actually was — provided you can prove contribution, common purpose, mutual benefit, and intent to share.
Maintenance — promise, don’t presume
After a breakup there is no automatic spousal-type duty of maintenance between cohabitants. You either:
- Created it by contract, or
- Achieve relief via a universal partnership award (litigation on evidence).
Where children are involved, the maintenance duty is automatic and equal — marital status is irrelevant.
Children — best interests rule everything
The Children’s Act 38 of 2005 governs care, contact, and maintenance. Unmarried fathers gain parental responsibilities and rights under section 21 or via court. Parenting plans can (and should) be made orders of court to prevent confusion later.
Safety & interim protection
If there’s intimidation, harassment, or violence, apply under the Domestic Violence Act for immediate protection. If money or access to joint assets is being frozen, urgent motion proceedings (not Rule 43/58) may be available.
Estates – the quiet revolution you need to know about
If your partner dies without a will, you may now inherit intestate as a “spouse” if you prove a permanent life partnership with reciprocal duties of support; and you may claim survivor maintenance from the estate (subject to fairness, including whether you already received an equitable share). Proof still matters. A valid will remains best practice.
Retirement funds & beneficiaries (brief)
Death benefits from retirement funds are distributed by fund trustees to dependants (a statutory category that can include factual life partners on proof). Keep beneficiary nominations current and preserve evidence of support.
What to do next (three fast moves)
- Write the rules — sign a cohabitation agreement.
- Fix ownership — deeds, shares, beneficiaries.
- Update wills — and store them safely.
Frequently Asked Questions
No. There is no “common-law marriage” rule.
Only if you co-own, have a contract, or can prove a universal partnership.
No. It applies to spouses in divorce cases. Unmarried partners use urgent motion, Children’s/Maintenance Court, and DVA remedies.
Sometimes — if you prove a permanent life partnership with reciprocal support. A will is still the cleanest protection.
Contact our family law attorneys for help with your partnership
Know your rights. Speak to a family attorney.