Couples no longer have to be legally married to claim for loss of support and maintenance in the case of death. This is according to a ruling by Gauteng High Court Judge Colleen Collis, who delivered a ground-breaking judgment for unmarried couples last week.

A Saturday Star says she ruled the courts had to keep up with the times, especially in regard to the fact that relationships and marriages have evolved. She granted an order in favour of a woman whose partner died in a car accident. The two had lived together, although he was still married to his estranged wife at the time.

The woman claimed maintenance and support from the Road Accident Fund as he had supported her financially. But the RAF refused to pay, as the couple was not legally married.

In granting the order, Collis remarked: ‘Cohabitation outside a formal marriage, and, dare I say, even where one of the parties is still married, is now widely practised and accepted by many communities.’

Brenda Jacobs turned to the courts after her partner Wesley Stevens died in September 2015 following injuries he suffered in a crash. She said at the time of his death they had lived together for a number of years and they were engaged, even though he was not yet divorced.

The judge said given the fact that times have changed and while some still valued the sanctity of marriage, the reality was that some people find themselves living together intending to get married, but they cannot do so due to some or another legal barrier.

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