First Respondent alongside others raises pivotal questions about the legal recognition of shared lives, assets, and commitments. LL sought a declaration that he was in a universal partnership with EH, who passed away on 21 July He claimed that for many years, they shared assets, responsibilities, and a life akin to marriage, despite EH being legally married to another person until his death.
The court painstakingly analysed the nature of a universal partnership and the essentials required for its establishment. It recognized that such partnerships could exist beyond commercial purposes, often emerging tacitly between unmarried cohabitees.
The key elements identified were the contribution of assets, labour, or skill by each party, joint benefit, and the pursuit of material gain Butters v Mncora 4 SA 1 SCA. It emphasises that the law can adapt to the realities of personal relationships and shared commitments, providing a framework for justice in complex personal circumstances. Phone Number. Email Address. Your Enquiry. Apr 16, Cohabitation , deceased estates , Marriage. Mar 31, Cohabitation , Family Law. Mar 13, Cohabitation , Family Law.
Get In Touch Today. Background of the Case LL sought a declaration that he was in a universal partnership with EH, who passed away on 21 July FAQs What is a universal partnership? A universal partnership is an agreement between individuals to share their property, gains, and losses, which can be formed expressly or tacitly. What are the key elements to establish a universal partnership? The essential elements include contribution by the parties money, labor, skill , mutual benefit, and the aim of material gain.
Can a universal partnership exist alongside a formal marriage? While complex, a universal partnership can co-exist with a formal marriage, depending on the nature of the assets and the agreement between the parties. Does cohabitation equate to a universal partnership?
