Introduction
Life partnerships, often referred to as permanent or long-term relationships between unmarried partners, are increasingly common in South Africa. Many couples choose to live together without marrying, believing that the duration or seriousness of their relationship automatically grants them legal rights similar to those of married spouses. This is a misconception. While South African law does recognise certain rights of life partners, these rights are not automatic and are significantly more limited than those arising from marriage.
This article provides a comprehensive overview of the legal rights of life partners in South Africa, the current legal framework governing such relationships, and the steps partners can take to protect themselves legally.
The Legal Framework
Unlike marriage, life partnerships are not comprehensively regulated by a single statute in South African law. Instead, the rights of life partners arise from a combination of:
- Contract law;
- Constitutional principles of equality and dignity;
- Selected statutory provisions; and
- Judicial decisions (case law).
As a result, the legal position of life partners depends largely on the facts of each relationship and whether the parties have taken proactive steps to regulate their affairs.
Do Life Partners Have the Same Rights as Married Couples?
No. Life partners do not enjoy the same automatic rights and protections as married spouses. In particular, unmarried life partners do not automatically have rights to:
- Share in each other’s property;
- Claim maintenance after separation;
- Inherit from one another without a valid will;
- Claim spousal benefits or pensions in all circumstances.
Any rights that do exist must be established through agreement, legislation, or court intervention.
Property Rights of Life Partners
Life partners do not acquire joint ownership of property simply by living together. Property ownership is determined by:
- Title deeds;
- Purchase agreements;
- Financial contributions.
In the absence of an agreement, a life partner may attempt to claim a share of property by proving:
- The existence of a universal partnership; or
- A claim based on unjustified enrichment.
Such claims are complex, costly, and outcomes are uncertain. A cohabitation agreement is the most effective way to regulate property rights between life partners.
Maintenance Rights Between Life Partners
Unlike married spouses, life partners do not have an automatic right to claim maintenance from one another upon separation.
However, maintenance may arise:
- By agreement between the parties; or
- In limited circumstances, through evolving case law, particularly where one partner was financially dependent on the other.
Courts assess such claims cautiously, and legal advice is essential before pursuing maintenance claims between life partners.
Inheritance and Succession Rights
Life partners do not automatically inherit from one another under the Intestate Succession Act.
To protect inheritance rights, life partners should:
- Draft valid wills;
- Nominate each other as beneficiaries on policies and retirement funds.
In certain cases, courts have recognised claims by surviving life partners for maintenance from a deceased partner’s estate, but such claims are not guaranteed and depend on specific circumstances.
Parental Rights and Responsibilities
Where life partners have children together, parental rights and responsibilities are governed by the Children’s Act 38 of 2005, not by the status of the relationship.
This includes:
- Care and contact rights;
- Guardianship;
- Maintenance obligations.
The law prioritises the best interests of the child, irrespective of whether the parents are married, unmarried, or life partners.
Same-Sex Life Partnerships
Same-sex life partners who choose not to marry are subject to the same legal principles as heterosexual life partners. While same-sex marriage is legally recognised in South Africa, unmarried same-sex couples do not acquire automatic spousal rights.
Cohabitation agreements and estate planning are therefore equally important for same-sex life partners.
The Importance of Cohabitation Agreements
A cohabitation agreement is the primary legal mechanism through which life partners can regulate their relationship. Such an agreement may cover:
- Property ownership and division;
- Financial contributions;
- Maintenance arrangements;
- Dispute resolution mechanisms;
- Termination of the relationship.
Courts generally uphold cohabitation agreements, provided they are lawful and voluntarily concluded.
What Happens When Life Partners Separate?
Upon separation, disputes commonly arise in relation to:
- Property division;
- Financial contributions;
- Ongoing support;
- Care of children.
Without a cohabitation agreement, resolving these disputes often requires litigation, which can be expensive and emotionally taxing.
Best Interests of the Child
Where children are involved, all decisions concerning care, contact, and maintenance are guided by the best interests of the child, regardless of the parents’ relationship status.
Conclusion
Life partners in South Africa enjoy limited legal protection compared to married spouses. While certain rights may arise through agreement, legislation, or court decisions, these rights are neither automatic nor guaranteed.
Life partners are strongly encouraged to seek legal advice, enter into a properly drafted cohabitation agreement, and undertake appropriate estate planning to protect their interests and avoid uncertainty in the event of separation or death.