CARMEL RICKARD: Constitutional Court’s landmark judgment on unmarried couples

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CARMEL RICKARD: Constitutional Court’s landmark judgment on unmarried couples
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The Constitutional Court’s recent decision about the inheritance rights of unmarried couples may help establish principles to settle their finances when they separate, writes CarmelRickard.

In its last decision of 2021, SA’s Constitutional Court delivered a judgment with far-reaching consequences for the estimated 3.2-million people in SA who live together without being married.

The court’s decision will particularly affect situations where one of a couple dies and leaves no will. But it could also affect those who cannot agree on the financial consequences should their relationship end. While the highest court had previously decided the law could not help in such cases, it may now be possible to do so...

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