Common Law Marriage is a known substitute to a traditional wedding/marriage. If you live together and wish to be husband and wife you are able to become common law partners. Without having a wedding or a license. If you plan on getting married and just act like you are married. You will be eligible for marriage by Common Law.
South Africa does allow this, but it is not common. To make it legal and binding you should do the whole proper traditional wedding. Where you and your spouse will have written rights to look into should you need to.
The advantage when it comes to Common Law Marriage is that should you require a “divorce” it is a simple procedure. There are no court proceedings and you and your ex husband or wife should be able to come to some sort of legal agreement. Without taking anything to court. Otherwise it could get nasty.
Divorce isn’t something all couples go through, but it is a possibility, so think ahead. You and your spouse do not know what will happen in the future. But of course you will do what you can to keep your “marriage” together.
South African Common Law Marriage
South Africa promotes traditional marriages and that everything is legal. This is so that you have rights available to you when you need them.
Even though you are not in a marriage, it doesn’t mean that you can behave in an unacceptable manner. You are “married” under Common Law, which counts for something.
As long as you and your partner love each other, you don’t have to have a legal marriage. It is not easy to plan and it can be expensive.
In different countries around the world there are various requirements that the couple have to meet. Before they can become eligible for Common Law Marriage.
Information on Common Law Marriages
Information on common law marriages is essential when you are in a relationship for some time without marrying.
Common law marriage is when two people are in a relationship for some time. Therefore have been conducting themselves as a married couple. This means that the couple has to have been living together as if they were husband and wife for this law to apply.
However, it is very important to note that in South Africa, the legal system does not afford any rights to couples. Who in other countries would be considered to be in a common law marriage.
This has a serious impact when a couple who believe they have entered in to a common law marriage decide to split up. As they may not be aware of the information on common law marriages in South Africa.
For example, in other countries, if you are common law partners then you get the same rights as a couple that are divorcing. This means that you can get compensation to the same amount that a spouse would receive.
However, that does not apply in South Africa and you therefore have to be legally married in order to divorce. Or conduct similar proceedings and the length of time that you have been in a relationship is irrelevant.
It is therefore imperative that you know your rights when you have a relationship with a person that has lasted for an extended period of time.
In South Africa, to have any sort of legal backing when splitting up, you have to have been husband and wife in order to get a divorce. This may seem all very complicated. So if you are unsure of your standing in a relationship and your rights. Then you should seek legal advice on the information on common law marriages.