The Common Law Marriage in South Africa

What identifies a Common Law Marriage in South Africa?

In South Africa no matter how long a couple may live together, the law does not recognize common-law marriages as being valid. Their cohabitation (living together) does not create any automatic legal rights and duties between them.

Does a common law wife have any rights?

Living together without being married or being in a civil partnership means you do not have many legal rights around finances, property and children. Very simply, there is no such thing as ‘common law marriage’.

What is common law in South Africa?

South African common law is mainly the 17th and 18th century Roman-Dutch law that was transplanted to the Cape. This forms the basis of modern South African law and has binding authority. Examples of common law crimes include murder, robbery and rape, etc.

How long is it before you become a common law wife?

If you have lived together ‘as man and wife’ for at least two years or if you can show that you were financially dependent on your partner, you can make a claim for a financial settlement even if you were not a beneficiary of the will.

How long is considered common-law?

Living common-law means that you are living in a conjugal relationship with a person who is not your married spouse, and at least one of the following conditions applies: This person has been living with you in a conjugal relationship for at least 12 continuous months.