The constitutionality of the non-recognition of domestic partnerships in South Africa : revisited

english

2025

volume 17, issue 2

civil marriages   constitutionality   domestic partnerships   legislative reforms   South African family law

Univerza v Mariboru, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Marriage has traditionally been defined as the legally recognized voluntary union for life in common of one man and one woman, to the exclusion of all others while it lasts. Whether this definition still holds true for South Africa is questionable as major changes in societal attitudes and behaviour reflect a growing number of different or alternate lifestyles. Currently, there is an increasing number of couples who choose to live together without formalizing their relationship in the eyes of the law. These relationships where couples live together and set up a common household are. referred to as domestic partnerships. South African family law only affords legal protection and recognition to civil marriages solemnised in terms of statutory law. The protection afforded to civil marriages does not extend to domestic partnerships. The question which arises is whether the law’s refusal to grant legal recognition and protection to domestic partnerships can be regarded as unconstitutional.

29.12.2025