A duty of support for all South African unmarried intimate partners Part I: the limits of the cohabitation and marriage based models

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dc.citation.epage32en_ZA
dc.citation.issue21en_ZA
dc.citation.spage1en_ZA
dc.contributor.authorBonthuys, Elsje
dc.date.accessioned2019-04-24T07:54:32Z
dc.date.available2019-04-24T07:54:32Z
dc.date.issued2018-10-19
dc.description.abstractThe democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had unlawfully caused the death of their partners. The new recipients of rights to support can be divided into three groups: wives in Muslim religious marriages, partners in same-sex intimate relationships and unmarried opposite sex cohabitants whose relationships closely resemble civil marriage in both form and function. However, certain distinctive features of customary marriage, the continuing consequences of apartheid policies for African families and certain distinctive patrilineal features of traditional African families have largely excluded African women – who constitute the largest and most economically vulnerable group of women – from the benefits of these developments. Part one of this two-part article analyses the trajectory of the developing right to support intimate partnerships which appear to be based either on marriage (in the case of Muslim marriages) or relationships similar to marriage, including monogamy and permanent co-residence in the case of same-sex and opposite sex partners. This leaves no room to extend rights to unmarried intimate partners whose relationships do not fit the template of civil marriage and, in particular, excludes many disadvantaged African women from obtaining legal rights to support from their relationships.en_ZA
dc.description.librarianML2019en_ZA
dc.facultyFaculty of Commerce, Law and Management
dc.identifier.citationBonthuys,E.2018.A Duty of Support for All South African Unmarried Intimate Partners Part 1:The limits of the Cohabitation and Marriage Based Models.PER/PELJ (21), pp.1-32.en_ZA
dc.identifier.issn1727-3781
dc.identifier.urihttps://hdl.handle.net/10539/26831
dc.journal.linkhttp://dx.doi.org/10.17159/1727-3781/2018/v21i0a4410en_ZA
dc.journal.titleA Duty of Support for All South African Unmarried Intimate Partners Part I: The Limits of the Cohabitation and Marriage Based Modelsen_ZA
dc.journal.volume21en_ZA
dc.language.isoenen_ZA
dc.publisherNorth-West Universityen_ZA
dc.schoolSchool of Law
dc.subjectAfrican womenen_ZA
dc.subjectDuty of supporten_ZA
dc.subjectMaintenanceen_ZA
dc.subjectUnmarried opposite sex partnersen_ZA
dc.subjectSame-sex partnersen_ZA
dc.subjectMuslim marriageen_ZA
dc.subjectCustomary lawen_ZA
dc.subjectCohabitationen_ZA
dc.subject.otherSDG-10: Reduced inequalities
dc.subject.otherSDG-17: Partnerships for the goals
dc.titleA duty of support for all South African unmarried intimate partners Part I: the limits of the cohabitation and marriage based modelsen_ZA
dc.typeArticleen_ZA
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