This made me feel happy...

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Faerie (October 13, 2010, 14:42:38 PM):
I'm researching civil partners/unions on the web (looking for loopholes in the law re death benefits paid out to spouses but not to long term partners) and came upon this paragraph which oddly made me feel so content about our constitution:

Quote
In order to reflect values of equality and dignity consistent with sections 9 and 10 of
lhe Constitution of the Republic of South Africa, 1996 (“the Constitution”), balanced with the right to freedom of conscience, religion, thought, belief and opinion, as provided for in section 15 of the Constitution, the Bill provides for the conclusion of
civil unions. In terms of this Bill provision is made for opposite- and same-sex couples of 18 years or older to solemnise and register a voluntary union by way of either a marriage or a civil partnership. Care has been taken to ensure that a distinction is drawn between the responsibilities of State and church, as section 15(3) of the Constitution is indicative of sensitivity in favour of acknowledging diversity in matters of marriage.The Bill provides for same-sex couples to be married by civil marriage officers and such religious marriage officers who consider such marriages not to fall outside the tenets of their religion.

We've got a wonderful constitution, just such a pity our leaders tend to be such rubbish.
Gogtjop (October 13, 2010, 14:54:03 PM):
I'll second that - our constitution is a thing of wonder.
Faerie (October 13, 2010, 15:21:03 PM):
Found it! ;D
Quote
Maintenance after death
19. For purposes of this Act, a reference to "spouse" in the Maintenance of Surviving Spouses Act must be construed to include a registered domestic partner.
Intestate succession
20. For purposes of this Act, a reference to "spouse" in the lntestate Succession Act must be construed to include a registered domestic partner.

I love being able to help people!
BoogieMonster (October 13, 2010, 15:24:07 PM):
While we're in here, and you're reading up on civil unions....

PLEASE can you tell me if you've read anything regarding what seems to be a hot topic these days.... The mythical (as far as I can tell) "Common law marriage".

Does this exist? If I move in with someone, do we become a de-facto in-community-of-property married couple after some set time?

I keep hearing this from some quarters, and hearing opposing views from others, but I've never had the time or inclination to research myself....
Faerie (October 13, 2010, 15:56:08 PM):
Read up on that as well, its basically the same as a domestic partnership, which can be registered (which gives the same rights as a marriage or civil partnership), its all the same thing under a different name to accommodate the different cultures (in my opinion). They dont specify any period of time during which a domestic partnership/civil union/common law marriage becomes "legal" as such. All these agreements can be registered which then makes it recognised, however, should the (unregistered) relationship fail as such and it does land up in court for whatever reason, its to the legal panel's discretion as to whether the relationship was of an adequate period of time to be recognised, it would appear 5 years have some significance but it does not give anybody an automatic right to ownership or claim - it needs to go to court and adequate proof for claim needs to be presented. Just dont go get the partner pregnant, some horrible things can happen to a hapless man if that is to be the case.


My S/O and I have been together for three years, and he's been nominated on my life policy with work, they automatically changed my status earlier this year from divorced to civil union (even though we have'nt done the legal thing)

Some reading:
http://www.pmg.org.za/bills/061109B26b-06.pdf
http://www.saflii.org/za/cases/ZAWCHC/2010/193.html
http://www.mg.co.za/article/2008-06-18-that-piece-of-paper-does-matter

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