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Question
Posted by: Anon | 2010/05/02

life partner

can i claim maintenance if my life partner of 12 years passed away?

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Our expert says:
Expert ImageFamily law expert

This is a tricky question and the Constitutional Court still has to pronounce on it. In a recent matter in the Cape High Court the Court held that excluding a life partner violates the equality clause in the Constitution and the Court included the term life partner into the definition of marriage. However as a declaration of unconstitutionality in respect of an Act has no force unless confirmed by the coonstitutional court, the Constitutional Court still has to pronounce on it.

Bertus Preller
www.divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/05/02

This is a tricky question and the Constitutional Court still has to pronounce on it. In a recent matter in the Cape High Court the Court held that excluding a life partner violates the equality clause in the Constitution and the Court included the term life partner into the definition of marriage. However as a declaration of unconstitutionality in respect of an Act has no force unless confirmed by the coonstitutional court, the Constitutional Court still has to pronounce on it.

Bertus Preller
www.divorceattorney.co.za

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