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Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

Source: iol, 27/01/2023


The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation.

As the law stands, the right is reserved only for heterosexual couples who are legally married.

The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership.

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation.

As the law stands, the right is reserved only for heterosexual couples who are legally married.

The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership.


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