Married vs Common Law

In South African law, the distinction between being married and being in a common law relationship holds significant legal implications, particularly in matters related to divorce, property rights, and financial responsibilities.

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Married

Couples who have undergone a formal marriage ceremony and have their marriage legally recognized are considered married.

Marriage creates a legally binding union between spouses, governed by specific laws and regulations, such as the Matrimonial Property Act and the Divorce Act.

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Common Law

Common law relationships, also known as cohabitation, refer to unmarried couples who live together in a conjugal relationship.

Unlike marriage, common law unions are not legally recognized as marriages, and couples do not have the same rights and obligations as married couples under South African law.

Marital Property Regime

Married couples are subject to specific marital property regimes, such as in community of property, out of community of property with or without accrual, or a combination thereof.

These regimes dictate how property is owned and divided in the event of divorce or death.

Legal Rights and Obligations

Married couples have legal rights and obligations towards each other, including financial support, inheritance rights, and decision-making authority.

Common law partners do not automatically have these rights and may need to establish legal agreements to protect their interests.

Process

Marriage Registration

Couples who wish to formalize their relationship and obtain the legal benefits of marriage must undergo a marriage ceremony and register their marriage with the Department of Home Affairs.

Common Law Agreements

Common law partners may choose to enter into cohabitation agreements or domestic partnership agreements to clarify their rights and obligations towards each other, particularly regarding property ownership, financial support, and inheritance.

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Married vs Common Law