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Tags >> common law wife
Mar 25

You have no claim for maintenance if your partner leaves you

Posted by Bertus in unmarried fathers parental rights , unamrried maintenance , maintenance cohabitation , living together , Family Law Attorney Cape Town , family law , Domestic Partnerships Bill of 2008 , domestic partnerships , divorce attorney south africa , divorce attorney cape town , contested divorce , common law wife , cohabitation contract , cohabitation agreements , cohabitation , bertus preller , abrahams and Gross


Not so long ago I wrote an article about the fact that in South African law there is in fact no such thing as a common law marriage and that partners that cohabitates or live together in a domestic partnership will in fact have no right to claim maintenance from one another. In fact, this was exactly what the Supreme Court of Appeal ruled this week in the matter of McDonald v Young (292/10) [2011] ZASCA 31 on 24 March 2011.

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