Has Cohabitation Become Identical to Marriage in South Africa?

Cohabitation or vat en sit, as it's known by South African locals, is when a couple that is in an intimate relationship decides to move in together without going through the formalities of getting married. The Gauteng High Court has ruled that couples living together can now claim the same rights as legally married couples.
Host: Ursula Mariani │Instagram: / ursulamariani
Co-host: Sibonganjalo Bonga Botha
Guest: Mamello Thulare │ Instagram: / theemeeky__
Co-producer: Sibonganjalo Bonga Botha
Co-producer: Babaland
Editor and Technical Director: Given Masilela │ Instagram / givenillustrative
Assistant Technical Director: Silo

[@NtombizonkeMehlomakulu]

Just found you on Tiktok and I am glued on my screen, I like the fact that the engagement feels like it's directed to a particular age group, I might be wrong but still love it.

[@josetheman239]

I would love to see the stats on the income of people who cohabitate. My assumption is that generally it's women who have the money to get married but are with men who can not afford to get married (women who support or partly support their partners financially). This means that most of these claims will be from men who are claiming the estate of women and it's not going to be for million dollar estates it's gonna be for Pollo Vivos and life insurance. Go to any executive boardroom and all the men there are married. So a significant ruling has been made on an outlier case. Most men who are worth anything are married or divorced and if they are cohabitating they are doing it in their own terms not because they need someone to pay half the rent which is the case with most cohabitating couples. So who does this ruling really protect?

[@fumisoko7303]

Great observation! I agree with you.

[@motlanalorahlagane9332]

Found this channel via tiktok and I'm glued... very informative 🙌❤

[@LifeChangePlans]

The point is that there should not be a difference between marriage and cohabitation. When the women does not have legal rights or protection on termination of a cohabitation relationship. In the UK the law commission had concerns in in 2006 and a survey showed that 85% of cohabiting couples said that the same laws of rights and obligations of marriage should apply to cohabitation. The law can leave women in a precarious position when the ex partner leaves the relationship and then wants his property back. He goes on use the laws to evict her from the home they were to share together.m

[@thembakhanye]

3.2 million is the recorded number, I’m certain the actual count is bigger than that for sure! 😂 great show Ursula and crew! Subbed!

[@theconversationcapital]

Lol certainly!!! Thanks Themba

[@josetheman239]

You have to wonder though, how many of those are actual family units? Generally if not tied down by marriage men will not stay unless they don't have options/need the woman to support them or partially support them. Most men who have the means get married, they don't cohabitate. What is the relationship between cohabitation of low income or cohabitation and female breadwinners?

[@LeratoLefafa]

Interesting chat👌🏾 I come from a nuclear family & had a wonderful upbringing, but marriage is not one of my value states nor is it my partner’s, so cohabitation makes a lot of sense to us and I don’t think any union holds precedence over another for as long as two people choose each other. On the note about inheriting someone’s estate, I’m a big believer in letting someone put you in their will should they want you as a beneficiary lol

[@keyboardkung-fuwarrior8932]

I have a feeling this might end up deterring a lot of people from vat-en-sitting in future. If the purpose of vat-en-sit, was to have the benefits of marriage without the consequences, (which are now in place), as someone with something to lose why risk it. And I get the whole (pre-nup agreement) thing, but isn't the whole point of vat-en-sit to avoid paperwork? This might benefit the people trying to avoid (Lobola/Mahadi) but those who never intended to, will avoid this whole situation entirely. Maybe it will force people to do the right thing or people will be forced to act as visitors in their partners house. Either way some will benefit from this and some will definitely lose.

[@siphomabaso721]

Insightful!!!

[@xoliswastuurman5053]

Interesting and insightful conversation.🤩

[@kholofelorantloane8317]

Keep going this is great .

[@theconversationcapital]

Thanks Kholo, we have a lot more in store :-)

[@nontandongidi9613]

Thank you for this conversation

[@Gaffersly]

Umjolo to deeds office wow

[@MrRobertzingela]

🤣🤣LOL..

[@koketsomathebe1287]

Lovely discussion. Keep them coming👌

[@theconversationcapital]

Listen!!!!!! you do not have to tell us twice!

[@kholofelom04]

Great conversation, love it 🙌🏽

[@theconversationcapital]

Thank you Kholo, we appreciate the lovvvveeeee

[@tuckshopbafanaz8467]

What's your insta handle, not the channel but you

[@Tholo_Journal]

This was a very interesting and informative conversation.

[@marthasquire3127]

Great conversation indeed..Mamello, I have a question that what in a case where the partner passed away in 2017 unmarried and they owned a house 50/50. Can the surviving partner claim the full house under the new ruling since they did cohabitate for more than 10years with no kids. Is the surviving partner considered as the legal beneficiary?

[@lelebotlhoko3750]

Marriage in itself has always been a religious union and listening to this the value of marriage goes down because all the moral implications hold no bearing according to the law.

[@lesibamashaba3898]

What a sad reality, Never again will I cohabit

[@preciousntsandeni2007]

Hi Mamello, I have an ask. So what then happens in a case where someone is married (customary/civil marriage)....and then cohabitates with someone who isn't their spouse. Upon their death....who gets claim over the estate?

[@theconversationcapital]

Hey, we haven't forgotten about this question. We will come back to you sooooonnnnnn :-)

[@theconversationcapital]

Hey, Mamello’s response “Hi Precious. The spouse is still entitled to claim from the estate. The partner whom they were in a cohabitation partnership with can claim maintenance against the estate but would have to institute an application and provide evidentiary material, some sort of proof of financial support which was taking place for a prolonged period of time. Hope this helps!”

[@tebogomohwaduba7529]

❤️

[@palreviews2900]

looove

[@chrismajola6065]

Well since they just changed the Marriage without the accrual system contract ,then this is the next best thing honestly 🤘🤘

[@gforce2924]

they will if your partner has no other sources of income

[@karabomadia2783]

Hehe

[@SimphiweMbhense]

Can we claim from blessers?

[@duncantsolo3273]

I urge you to interview nthabiseng dubazana on this topic, she really cleared thing 4 me on this issue. u can see her interview on David king please use that as your referral. thank you and I'm subscribing because of this topic ❤❤❤❤💖💖💖💖💖😘😘😘😘😍😍😍😍😍😍

[@Cash_is_King727]

Yeses this is so unnecessary, if people wanted the law in their business they'd just sign a marriage contract mos. My partner and I have been living together for 5+ years because it makes financial sense and if you want out you can just pack your stuff and leave without needing to explain yourself to anyone besides the other partner. We agreed that we're building 2 separate lives that enjoy each other's company and because we are 2 sober minded adults that hate drama we don't need contracts. You know what belongs to you take that and leave if the relationship is no longer serving you. Should you pass on all your hard work will go to whoever is in your will. Then the law decides to involve itself without being asked to.

[@Bhubesi]

The Most Beautiful Woman in South Africa Right Now......... Keypad champions can argue all the way I'll stand by my statement. Show me any one "Beautiful" than this Woman here.... Not Pretty, not Sexy, not Thirsty.... But simply Beautiful ❤❤❤

[@ntokozosibanyoni1421]

Mnxa suka🤦🏿‍♂️

[@mrmanq9517]

Bayanya manje😂

[@life_with_yolanda]

So Somzi is married to Mohale. Thanks for clearing that up 😌 kidding but not really.