Not all is fair in love and ... wills
By Opinion
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Known as the month of love, February is often associated with flowers, chocolates, and other romantic gestures to celebrate the ones we love and the important role they play in our lives. For the 3.5 million South African couples who are living together but are not married, it is important to be aware that when it comes to legal affairs, not all is fair in love and wills.
While unmarried couples, same-sex or heterosexual, who live together are classified as a “common-law spouse” in many countries, Moremadi Mabule, Head of Wills at Sanlam Trust, says that in South Africa, this popular term is not legally recognised. “While life partners may have the characteristics of a marriage, it is not a marriage and not formalised or registered in terms of the Civil Union Act or the Recognition of Customary Marriages act. Unmarried couples who live together often refer to themselves as life partners but need to be aware of the misconception that if you live together for a period of time, the law will recognise your union as a marriage,” explains Mabule.