The woman’s lawyer, Bertus Preller, described it as a “landmark case”.
“Many partners, predominantly women, are left destitute and without legal recourse when their life partnership (common law marriage) terminates or their partners cease to maintain them,” he said. “This issue affects a substantial number of South Africans, particularly vulnerable women, and some of these women find themselves in permanent life partnerships not out of true choice. The reality is that in 2016, 3.2-million South Africans were cohabiting outside marriage and that number was reported to be increasing. Thus, we find a substantial number of families within this category.”
In its application for admission as a friend of the court, the WLC said it sought to achieve “equality for women in all forms of intimate relationships”.
The organisation said the law distinguishes between “spouses who are married and partners to a life partnership”.
Women's Legal Centre joins 'landmark' case seeking to protect unmarried life partners
Image: 123RF/Lukas Gojda
The Cape Town high court on Friday admitted the Women’s Legal Centre (WLC) as a friend of the court in a “landmark case” that seeks to change the law so unmarried life partners can claim maintenance.
A Western Cape mother is suing her wealthy former partner for maintenance after their relationship ended after nine years. The erstwhile partners have three children.
The woman is also asking the court to develop common law to “recognise the existence of a duty of support between partners in unmarried, opposite-sex, permanent life partnerships” so they can “claim maintenance from one another”.
Mother and ex-life partner fights for maintenance after her brush with destitution
The woman’s lawyer, Bertus Preller, described it as a “landmark case”.
“Many partners, predominantly women, are left destitute and without legal recourse when their life partnership (common law marriage) terminates or their partners cease to maintain them,” he said. “This issue affects a substantial number of South Africans, particularly vulnerable women, and some of these women find themselves in permanent life partnerships not out of true choice. The reality is that in 2016, 3.2-million South Africans were cohabiting outside marriage and that number was reported to be increasing. Thus, we find a substantial number of families within this category.”
In its application for admission as a friend of the court, the WLC said it sought to achieve “equality for women in all forms of intimate relationships”.
The organisation said the law distinguishes between “spouses who are married and partners to a life partnership”.
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“... it is submitted that this differentiation constitutes unfair discrimination, fails to respect and protect the dignity of women who are in life partnerships and denies them the right to access courts,” the WLC’s court papers read.
The organisation said it “agrees with the submissions made on behalf of the [woman] in support of the development of common law”.
“In particular, and in the absence of specific legislation that may be impugned for its lack of inclusiveness ... the constitution empowers a court to develop the common law to give effect to a right in the bill of rights,” it said.
A full bench accepted the WLC as a friend of the court. The matter is pending.
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