There is a misconception that residing with somebody as life partners for a certain number of years automatically qualifies the relationship as that of a ‘common-law marriage’.

Although the concept of life partnerships through co-existence for a number of years has been a topic of many a court case, the concept itself is still unrecognised in South African law.

Therefore, if you currently live with a life partner (i.e. a relationship carried on between persons which is otherwise not registered in terms of any of the South African marital / union laws), it will be greatly beneficial to conclude a co-habitational agreement which can assist in defining the obligations of the life partners and, upon dissolution of the relationship, assist to determine the financial implications amongst other things.

It must be noted, however, that such an agreement would be binding on the contracting parties only and could not be enforced against 3rd parties.