So you think you’ve got loads of reasons to move in with your bae? The poor economy is one and the soaring cost of living is another. Oh, of course you are in love with each other.
But, have you looked at what the law says about live-in relationships, cohabitation or “van en sit”?
The fact is that many think living together for a certain period of time automatically makes them “common law” husband and wife and gives them the same right as married people. But, common law marriages are not recognised under our law.
1. Get it in writing. A legally binding agreement (similar to a contract) that clearly sets out the rights and duties of each partner in the live-in relationship should be drawn up by a legal expert.
2. Register your live-in relationship. Use the Civil Union Act to make it official.
3. Get an ante-nuptial contract. This will provide financial protection for both of you. You could register your relationship in community of property or out of community of property, just like a marriage.
4. In community of property. You agree to share your possessions and you’re entitled to half of your partner’s assets, and vice versa. You’re also legally responsible for the debt incurred by your partner and vice versa.
5. Out of community of property. With the accrual system, you keep ownership of your pre-contract possessions. When you die or end the relationship, the collected possessions will be divided equally between you. Without accrual all your possessions remain your individual property – the ones you’ve bought in the relationship as well as those gained after signing the contract.
6. Ending the registered civil union. You have to request a court to end your union and it will be handled the same way as a divorce.
