Cohabitation without marriage reflects modern relationship dynamics, but it’s crucial to understand the legal implications.
Many couples enter into cohabitation agreements, which outline each partner’s rights and responsibilities. While these agreements provide some security, they do not guarantee inheritance rights under the Intestate Succession Act.
despite common beliefs, living together does not make partners common law spouses in the eyes of the law. Picture: iStock Living together without marriage reflects modern relationship dynamics, but it’s crucial to understand the legal implications. The South African legal system doesn’t grant the same rights and protections to cohabiting partners as it does to married couples, says Angie Poole, Manager Estates, Business Restructuring at BDO South Africa.
Today, many couples choose cohabitation over marriage, valuing flexibility over formal commitment. However, despite common beliefs, living together does not make partners common law spouses in the eyes of the law. This lack of recognition leads to significant legal and financial challenges for cohabitants.One major issue arises when a partner dies without a valid will.
This case underscores the importance of having a valid will for cohabiting partners. As societal norms evolve, the legal framework has been slow to adapt, leaving cohabitants in uncertain positions.
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