Jennifer Mynhardt Attorneys
Attorneys, Notaries and Conveyancers

 

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Alternative lifestyles

Gay marriages have been in the headlines recently with Holland joining the tiny list of countries that have recognised that human love cannot be straight-jacketed into the hetrosexual mode of lifestyle.

Does South Africa's much vaunted Constitutional Democracy mean that gay people can now enjoy the same rights to marry that their straight compatriots do? The short answer is "no". However, the National Coalition for Gay and Lesbian Equality (NCGLE) is engaged in a series of strategic court battles with the government to force the system to begin according rights that normally accrue to straight marriages to apply equally to gay relationships. Recent victories include the decriminalisation of consensual sodomy, establishing the rule that gay intimate partners from foreign countries are entitled to permanent residency if they are in relationships with South Africans, and ordering medical aids to recognise long-term relationships as a basis for extending insurance cover. But this is a long-term solution - the question remains how to deal with the "here and now".

The best way of protecting yourself is to formalise the contractual relationship between yourself and your partner. Ask your lawyer to prepare a cohabitation agreement (like an ANC) to deal with the effect of your establishing a joint household. It is also advisable to update your will to include your partner as an heir and to make arrangements for your partner to be put on your medical aid, pension fund, etc.

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