Short on time? Watch the video short for a quick takeaway on the facts
Every year on 9 August, South Africans honour the brave women who marched for equality and dignity. Today, that legacy continues — not just in politics, but in personal relationships where legal protection still lags behind.
One place this gap shows clearly? Cohabitation.
For thousands of South African women living with a partner without marriage, the law doesn’t recognise your relationship — no matter how long it lasts or how deep your commitment is.
Cohabitation — also known as "living together" — does not grant you the same rights as married couples.
That means:
❌ No automatic right to maintenance if the relationship ends
❌ No claim to shared property unless your name is on it
❌ No inheritance rights unless specifically included in a will
❌ No spousal rights to pensions or policies
Even if you’ve been together for 10+ years, raised kids, or financially supported your partner — you’re not protected unless you plan ahead.
Without a cohabitation agreement — especially one that includes clear provisions for maintenance — a woman may have no legal right to financial support if the relationship ends. Even if she’s sacrificed her career, raised children, or contributed to the household in countless unseen ways, the law may not recognise her claim without a written agreement.
South African courts have started to acknowledge this unfairness. In a landmark 2021 case, Bwanya v Master of the High Court, the court recognised the rights of women in long-term life partnerships, affirming that they may be entitled to inheritance and maintenance. It was a major step toward protecting those in committed relationships outside of marriage.
But despite this progress, most cohabiting couples still face legal uncertainty. Without a formal agreement in place, women remain vulnerable — emotionally invested, but legally exposed.
A cohabitation agreement is a legal contract that outlines each partner’s rights, responsibilities, and what happens if the relationship ends.
A good agreement can include:
💰Financial & property arrangements — who owns what, and how joint assets will be divided
🧑🤝🧑Maintenance terms — especially if one partner sacrifices income or takes on caregiving
📜Inheritance rights — naming each other in wills, policies, or pension beneficiaries
🤝Universal partnership clauses — if you run a business or financial venture together
Without an agreement, the courts will treat you like strangers.
There are also real benefits to cohabitation, especially when it’s done right:
🕊️More flexibility without legal restrictions of marriage
💸Cost savings by sharing rent, groceries, utilities
💬Greater openness to negotiate personalised agreements
💑Freedom to define your partnership on your own terms
But only if you have the tough conversations early.
Too many cohabiting couples avoid talking about money — until it’s too late.
Here’s what we recommend:
Use our wealth checkup service to understand your financial picture:
Are you both saving for a car? Kids’ education? A home? Be clear and aligned.
📑 Draft cohabitation agreements tailored to your situation
💬 Explain your rights in plain English
💵 Guide you through wealth checkups and budgeting tools
⚖️ Support you if the relationship ends or becomes complicated
❤️ Offer trauma counselling if there’s emotional or legal distress
We support women in love — but we also fight fiercely to make sure love doesn’t leave you legally exposed.
Don’t wait for heartbreak to find out you’re unprotected.
📍Whether you’re moving in, already living together, or thinking about the future — get protected now.
The women of 1956 stood for freedom and dignity.
Today, we honour them by protecting our own futures — with wisdom, strength, and clarity.
Let’s protect your rights, your heart, and your future — your way.
Secure your love. Protect your future. Get a cohabitation agreement that puts your rights first.
💬 WhatsApp: +27 (76) 412 9990 (type "AI" to start chatting) or visit www.askmyailawyer.com
☎️ Call: 0860 765 223
✉️Email: info@solacebenefits.co.za
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