E.W v V.H (12272/2022)
E.W v V.H (12272/2022) [2023] ZAWCHC 58; [2023] 2 All SA 404 (WCC); 2023 (4) SA 123 (WCC) (17 March 2023)
The majority held that the applicant failed to establish the necessity or appropriateness of developing the common law to recognise a duty of support between unmarried opposite-sex permanent life partners following termination of the relationship. The court found that the applicant already has a common law remedy, as recent jurisprudence (Bwanya) recognises that a duty of support may arise in relationships akin to marriage, provided it is proven in a familial setting. The pending action is the appropriate forum to determine the existence of such a partnership and any entitlement to maintenanc…
Source excerpt
- Maintenance Claims
- Permanent Life Partnerships
- Reciprocal Duty Of Support
- Bill Of Rights Limitation
- Development Of Common Law