In South Africa, no matter how long a couple has been together, common-law marriages are not recognized as legal by the law. Their cohabitation (living together) does not automatically confer legal rights and responsibilities on them.
A common-law spouse’s rights are not the same as those of a spouse registered in a formal marriage. If there is no will and one partner in a common-law marriage dies, the common-law spouse has no rights to the property or assets left behind under intestate succession law. As a result, it is critical to have a will made to provide for your partner.
Although common-law marriages do not have the same privileges as marriage or civil union partners, there is some legislation that treats living together and marriage on same footing. Please complete your homework.
Cohabitation is recognized by pension funds, and a common-law spouse may receive pension fund benefits if nominated as a partner by the member. A common-law spouse who meets the criteria of a dependent under the regulations of that fund may also be eligible for pension payments.
As a common law wife, do you have any rights?
Living together without being married or in a civil partnership means you don’t have many legal rights when it comes to money, property, or children. Simply said, there is no such thing as a “common law marriage.”
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