Domestic Partnership Bill: A guide for unmarried couples in South Africa
The Domestic Partnership Bill is still in its draft form in SA and many unmarried couples are uncertain about what’s to come.
The Domestic Partnership Bill in South Africa is still in its draft form, leaving many unmarried couples uncertain about their rights and responsibilities. Cor Van Deventer, Director and Attorney at VDM Incorporated, warns that couples cannot rely on this bill to protect their interests, reports BusinessTech.
What rights do unmarried couples have in South Africa?
Unmarried couples living together in South Africa do not automatically qualify for the same rights as married couples. This is why it is essential for cohabiting couples to enter into a written, legally enforceable contract, known as a life partnership agreement.
What is a life partnership agreement?
A life partnership agreement outlines the responsibilities, rights and expectations of each person in the relationship. It formalises their commitment and protects their individual and shared interests. This agreement can include important details such as asset and liability schedules, property ownership details, joint purchases, banking, and other expenses.
Why is a life partnership agreement important?
A life partnership agreement can save couples a lot of money and heartache in the long run. Without a written agreement, couples may find themselves in disputes over property, assets, and financial contributions. Verbal agreements and emotional investments carry very little weight in court, and relying on common law principles and precedent can take years of expensive litigation and mediation to resolve.
What happens if a relationship ends without a life partnership agreement?
If a relationship ends without a life partnership agreement, disputes can arise over property, assets, and financial contributions. According to BusinessTech, Van Deventer’s firm is handling two splits per month, up from almost zero a couple of years ago. Some cases involve registered homeowners whose partners, while they lived together, financially contributed towards maintenance, renovations or household expenses.
After the relationship ended, their former partners refused to move out or insisted that they’re entitled to a share of the property or compensation for their financial contributions and emotional attachment to the property during the relationship.
What should be included in a life partnership agreement?
A life partnership agreement should include several important details, including:
Asset and liability schedules
Property ownership details
Joint purchases
Banking and other expenses
This way, each party will have legal protection, financial security, peace of mind in case of separation, death, or disputes, and recognition in terms of administrative and legal processes.
What about pets in a life partnership?
Pets are treated as personal assets and belong to the registered owner, unless explicitly stated in the agreement. This is why it is essential to include provisions for pets in the life partnership agreement.
Why is notarising a life partnership agreement important?
Notarising a life partnership agreement can significantly strengthen its legal standing and enforceability. A notarised agreement provides authentication and proof of the agreement’s validity, making it more readily accepted and respected by legal and administrative bodies in South Africa. It can also provide international recognition for same-sex couples or couples moving to countries where civil unions are not fully recognised.
What are the benefits of a notarised life partnership agreement?
A notarised life partnership agreement can provide several benefits, including:
Recognition of the relationship for visa purposes
Proof of cohabitation for medical aid purposes
International recognition of the relationship
Authentication and proof of the agreement’s validity
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