In previous articles I wrote about an application in the Cape High Court, extending the common law regarding to maintenance to partners in a life partnership. A descending judgement was handed down on 17 March 2023.
The applicant and respondent were previously involved in a romantic relationship for a period of 8 to 9 years until 26 April 2022 when the respondent vacated the erstwhile common home. Three young children were born from their relationship. When the parties commenced their romantic relationship they were still entangled with their previous partners. The applicant had not yet terminated her relationship with her former partner/boyfriend and the respondent remained married until 2019.
Judges Cloete and Slingers found inter alia stated that: “….a ‘permanent romantic relationship’ is not synonymous with a permanent life partnership wherein the parties undertook reciprocal duties of support to one another within the context of a familial setting. Our understanding of the case law referred to herein is that a permanent romantic not per se equate to proof of the assumption of a reciprocal duty of support in a familial setting.
Judge Wille delivered a descending judgement and stated: “While I agree with most of their reasoning, I would have granted a different order in the result. This is primarily because, in my respectful view, this is a matter mainly consisting of constitutional ingredients and revolves around the granting only of interim financial relief to the applicant”.
No doubt the matter will now head for an appeal.
A copy of the judgement can be downloaded below: