Guidelines for registering a relationship
2011-03-24
SINCE the Civil Union Act came into operation on 30 November 2006, unmarried couples who are majors and of the same or opposite sex may officially register their permanent relationships and enjoy the same rights and privileges as married couples. There are couples who are living together permanently and who do not want to register their relationship or fail or postpone to do so. Some do not want to or cannot find the time to do this and think that such a step involves a lot of red tape. But one thing is for certain. Unregistered permanent relationships entail real risks to either or both of the parties. To register a permanent relationship of persons of the same or opposite sex, the following requirements have to be met: . Both persons must be 18 years or older. . Both persons may not already be married in terms of any other Act, including another civil commitment; . Both persons must have a valid South African identity document. If one of them is a foreigner, then a valid passport. . A divorce order if one or both of the persons are divorced or a death certificate of the deceased spouse or partner, if applicable to one or both persons. Prior to proceeding with the final step for registration, the partners have to decide whether they want to enter into an antenuptial contract with or without the accrual system, and such contract has to be concluded before registration of the civil union partnership. If such contract is not entered into, the partnership will be deemed to be the same as a marriage in community of property. When the above documents are available and all the requirements have been met, the couple have to approach an officially designated marriage officer. Such marriage officer includes a willing minister of religion or a designated official working in the Department of Home Affairs or a magistrate’s office. It should be stated clearly to the marriage officer that a civil union partnership is to be registered. If there is an antenuptial contract, proof of such contract has to be submitted. Certain forms then have to be completed. The marriage officer, too, must comply with certain requirements, such as that there has to be two competent witnesses present before the civil union partnership may be registered officially. The marriage officer then has to issue an official registration certificate as proof that the couple has entered into a valid civil union partnership. One may also apply to the Department of Home Affairs to issue a certificate against payment of a prescribed fee. To terminate a registered civil union partnership, the parties have to apply to the court for dissolution of the union. The same issues as in the case of a divorce have to be addressed. The union automatically terminates when one of the partners dies. The partners then enjoy all the privileges of spouses in terms of the Marriage Act. In all other Acts, any reference to spouses then also includes the partners in a registered civil union. Should you have any enquiries, contact Berrie Botha on 021-947-4824 or 082-440-2763.
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