25/05/2026
South Africa does not recognise common law marriage. No matter how long you've lived together, how many children you've raised, or how intertwined your finances are, an unmarried partner has historically had very little legal recourse when a relationship ends.
Until now.
In March 2026, a Western Cape High Court made history by granting interim maintenance to an unmarried life partner, the first ruling of its kind in South African legal history. After nearly three decades together, the court acknowledged that the absence of a marriage certificate cannot erase the reality of a shared life.
It's a significant shift. But it also raises important questions for anyone in a long-term relationship without formal legal protection.
Do you have a cohabitation agreement? Do you know what you'd be entitled to,or liable for, if things ended tomorrow?
π¬ Get the clarity you need before you need it. π 012 543 3173 π vdmerwe-attorneys.co.za