Marriage vs Cohabitation (life partnerships)

Many couples prefer living together (often referred to as the domestic partnership, cohabitation agreements, living together, concubinage and common-law marriage), as opposed to getting married. For others, on the other hand, not getting married is a forced way of life, because many countries still do not recognise nor make provision for the solemnisation of same sex marriages (in South Africa these relationships are regulated by the Civil Union Act 17 of 2006).

Thus, these cohabitation relationships can exist between heterosexual or same sex couples and often involve the same core sentimental ideas and reciprocal duties of support that a marriage does, but without having the marriage certificate to prove the existence thereof and without having the automatic legal protection marriages do.

Therefore, being involved in a relationship of this nature does not merely involve personal commitment and emotional investment, but also involves many legal and proprietary consequences, that if not recorded in writing (partnership agreement) can leave couples in dire straits, upon its termination.

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This post was written by who has written 81 posts on Schoeman Attorneys .

Ms Nicolene Schoeman * LLB cum laude (UFS) * LLM commercial law/ B-B BEE (UFS) * CFP (USB - presently registered). Admitted Attorney of the High Court of South Africa, Conveyancer and Notary Public. B-B BEE consultant, owner and Founder of Schoeman Attorneys.

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