By Nicola Langridge.
As marriage rates decline globally, more couples are living together without legally formalising their relationship. In South Africa, marriages are down by almost 30% since 2015.
According to the National Research Foundation, approximately 61% of births in South Africa occur outside marriage, reflecting changing approaches to traditional family structures.
Cohabitation has many benefits, but women should understand its potential effect on their long-term financial security. Women may emerge from these relationships in a weaker position because they are more likely to support a partner’s career, manage the household, care for children or pay shared expenses instead of building assets in their own name.
Unlike marriage, cohabitation does not automatically create rights to a partner’s assets in South Africa.
A possible legal remedy: a universal partnership Kristy Knill, an attorney at Ad Astra Law, explains that a “universal partnership” may offer a legal remedy for unmarried couples. Where there is no formal agreement, however, proving a partnership can be difficult.
South African courts examine the couple’s conduct and long-term intentions to determine whether a tacit, or implied, partnership existed.
Three core requirements must be met:
- * Mutual contributions: Both partners must contribute to the relationship. Contributions need not be financial and may include homemaking and domestic duties.
- * Shared benefit: The relationship must be conducted for the joint benefit of both parties.
- * Legitimate objective: The partnership’s central purpose must be lawful.
As relationships move beyond traditional frameworks, universal partnerships provide a flexible legal avenue for cohabiting couples. In the landmark case Butters v Mncora (203/2011) [2012] ZASCA 29, the Supreme Court of Appeal confirmed that an express contract is not required. A universal partnership may be established through the partners’ conduct and shared life, provided the legal requirements are proven.
However, recognition is not automatic. Anyone relying on a tacit universal partnership must provide evidence of the parties’ contributions, shared benefit and intentions. This reinforces the value of clear agreements and careful record-keeping.
Financial headwinds for women
Women face distinct challenges throughout their wealth-creation journeys. Income disparity is one of the most significant: on average, women in South Africa earn 32.5% less per month than men.
Time away from work to raise children or care for family members can mean slower salary growth, lower retirement contributions and fewer opportunities for advancement. Women also perform a disproportionate share of unpaid caregiving and household work, almost three hours more per day than men. These contributions create enormous value for a family but do not build assets or retirement savings in the woman’s name.
Living together does not create the same rights as marriage South Africa does not recognise “common-law marriage” simply because a couple has lived together for an extended period. Cohabitation therefore does not automatically create claims to a home, retirement benefits or investments held in a partner’s name, and indirect contributions through household expenses or caregiving may not translate into ownership rights.
Practical ways to protect yourself
Before moving in together, discuss income, debt, spending, responsibilities and future plans while maintaining financial independence. A formal cohabitation agreement can protect both partners by clarifying asset ownership, shared expenses and what will happen if the relationship ends.
Other important steps include:
- * Maintaining emergency savings, investments and retirement savings in your own name.
- * Keeping records of significant contributions and clearly documenting ownership of sizeable assets.
- * Reviewing insurance policies, beneficiary nominations and wills.
- * Seeking professional legal and financial advice before making major commitments.
Financial independence is not a lack of trust but an essential form of resilience. Understanding the legal and financial differences between cohabitation and marriage can help women make informed decisions and protect the future they are building.
Nicola Langridge CFP(r) is a FPI Financial Planner of the Year(tm) 2025 and wealth manager at multi-family office Private Client Holdings.