If a party succeeds in establishing the above, it would be entitled to the assets it owned before and during the universal partnership. As there are no laws governing the association of permanent life partners, living together is largely unknown and unregulated. Therefore, what seems to be an increasingly popular choice for many South Africans could be an unceremonious arrangement. Definition: A civil partnership agreement, also known as a cohabitation agreement or domestic partnership agreement, is a contract between two people that governs their rights and obligations between them. It can define property rights and even maintenance obligations for children. The partnership contract may contain any provision that is not impossible, illegal or immoral. For example, life partners cannot agree that their civil partnership can only be dissolved by a court within the meaning of the Divorce Act 70 of 1979. Since the parties living together do not enjoy the same rights as married couples, in the event of the death of one of the partners, it is impossible for the other partner to inherit the estate of the deceased partner within the meaning of the Law on Instestate Succession if the deceased partner died with an execution of the will. However, nothing prevents one of the partners from designating the other partner as the beneficiary, who must inherit according to his respective will. In addition, the surviving partner does not have a spousal support claim within the meaning of the Surviving Spouse Support Act against the estate of the deceased partner, as this is a claim that can only be asserted by a legally married spouse. It is therefore crucial to seek sound legal advice on the options available and consider the consequences of each option so that your lawyer can carefully prepare the necessary agreement to protect your interests and those of your partners and avoid future uncertainties. The requirements for a civil partnership permit may seem simple, but they are often too simplistic in their explanation.

As with most permit applications, the “devil” is in the details. When applying for life partner approval, the key area is to prove the relationship and clearly understand what a civil partnership permit allows the holder to do. The fact that a permanent civil partnership is not concluded in one of the three forms mentioned above leads to little or no legal protection. Despite the few laws that offer protection, the reality is that the consequences of marriage and cohabitation at the end of each are vastly different, whether through death or divorce. The most notable implications are summarized below: If you can`t meet the 5-year requirements to live together, here are details about the temporary residency option, the life partner visa. On occasion, South African courts have helped couples recognize that there is a universal partnership between them. A universal partnership recognizes the common material status of a partner, in other words, the court would grant each of them a share of the assets that the relationship acquired during the course of the company. The conditions that must be met to prove a universal partnership are: This is the case regardless of the duration of the civil partnership. For example, life partners do not automatically have the right to participate in each other`s property during the subsistence of the civil partnership or at the end of it, and although life partners may designate themselves as heirs in a will, they do not inherit from each other within the meaning of the rules of legal succession. Children born of a civil partnership are born out of wedlock. In addition, in the absence of a contractual obligation in which they agree on an obligation of support, our law does not recognize a general obligation of support between life partners.

Many South Africans have come across this term before and are mistakenly led to believe that unmarried partners who have lived together in a permanent relationship for several years and share the same characteristics as their legitimately married colleagues are considered married within the meaning of the common law. This belief is false and despite the prolonged duration of the relationship or the fact that it may resemble a marriage, unmarried partners who have been living together for several years and have not entered into a civil partnership or cohabitation contract remain single and their union is not recognized by law. It is precisely for this reason, and the fact that the civil partnership permit is one of the most abused in South Africa, interviews are mandatory. Interviews consist of an official of the Ministry of the Interior or consulate exercising his or her right to invite the applicant and his or her spouse to interviews. Fortunately, there are ways for partners in a family relationship to minimize the pitfalls already discussed. Partners may enter into a civil partnership or cohabitation contract to regulate various obligations and obligations of their relationship and the consequences that arise upon termination of the partnership. If properly drafted, the cohabitation agreement may provide for the management of the patrimonial interests of each partner and the maintenance of one of the two partners in the event of separation. .