Things to know when moving in with partner

No common law marriages in SA law

Once upon a time, moving in with your “other half” meant learning to live in a shared space and dealing with mundane issues such as who washed the dishes last. But in a society where little is permanent, the reality of moving in with your loved one, like many other things, means you need to read the fine print first.

According to Charlene May of the Legal Resources Centre, about 3.5m South Africans are cohabiting in domestic partnerships.

Kristy Giva Knill, head of the family law department at McLoughlin Clark Attorneys, says she often draws up cohabitation agreements for couples who want to move in together. “However, if you don’t sign an agreement beforehand, nothing prohibits you from doing it at a later stage when you are already living together.”

Typically, this is a document drawn up by a lawyer and signed by you and your partner to agree on:

A schedule of each of your assets when you start living together. Your financial contribution to the joint home. What will happen if your relationship ends either due to a death of one partner or a decision to end it. How a dispute between the two of you will be dealt with, for example, mediation.

“You need a cohabitation agreement in SA because the law does not recognise common law marriages as valid. This means that generally if you are not married to your partner, you have no claim to their assets. In addition, we have no legislation that regulates domestic partnerships.”

Knill says the Domestic Partnership Bill was gazetted in 2008, but it is not yet law.

SA case law has evolved to recognise that a universal partnership may exist between the parties.

Each party must bring something to the partnership i.e. money, skills, labour, etc. The partnership should be for the joint benefit of the parties. The object of the partnership should be to make a profit. The goal of the partnership should be a legitimate one.

Rita Cool, certified financial planner at Alexander Forbes Financial Planning Consultants, says relationships are complex. “Add money to the mix and things can get even more tricky.”

She advises you be open and honest with your partner about how you manage your money. This is particularly important if you intend to have