The duty of support after life partnership termination: a common law development conundrum

Abstract

Millions of South Africans live in life-partnership arrangements, but there is a lack of formal legal protection for financially vulnerable individuals. Despite changes to marriage legislation since 1994, there are still gaps in the current legislation. The South African Law Reform Commission's (SALRC) plans to introduce a single piece of marriage legislation exclude the right to maintenance following the termination of heterosexual life partnerships, leading to legal uncertainty and potential discrimination. Heterosexual life partners are not eligible for the ancillary relief granted to married couples in divorce or the benefits available to surviving spouses when marriage ends due to death. This study examines the historical application of common law in life partnership cases, looks at the post-constitutional developments and the Department of Home Affairs and SALRC'S efforts to protect life partnerships. The study then analyses the findings and makes recommendations.