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Question
Posted by: Annonymus | 2011/04/05

Thrown out of the House

My partner of 6 years,sent me and sms to say he is seeing someone else on a saturday.Monday when he comes back he tell me i must move out and leave our son with him he will take care of him.Obviously i didnt do that i left with my son took him Home and stayed at a friend''s place nearer to work.We broke up again 8months back i moved to my place and he asked me for a second chance,i moved back and rented out my plce he doesnt even care where i stay or if i am okay.I am extremely hurt and i want to know that if you are not married to someone can they just throw you out without giving you notice?

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Our expert says:
Expert ImageFamily law expert

The best solution when you live together as an unmarried couple is to enter into a cohabitation agreement. You need to see an attorney to draft on. Altough your partner must pay maintenance, you are actually destitute in terms of other claims.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

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Our users say:
Posted by: family law expert | 2011/04/17

The best solution when you live together as an unmarried couple is to enter into a cohabitation agreement. You need to see an attorney to draft on. Altough your partner must pay maintenance, you are actually destitute in terms of other claims.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: FIO | 2011/04/05

Yes, however unfair it may seem. But the fact that it involves a child makes his actions somewhat disturbing.

Your only safeguard now would be to take him to court for maintenance for yoyur child.

You have no rights regarding the relationship as there is no such thing as common law marriage etc. So you are not protected.

Many people tend to view marriage as a contract that offers each partner some form of protection, but since you were not married you have no protection. Only your child is protected, and for this you must claim maintenance.

In addition, you and your (ex) partner need to come to some sort of agreement re the parenting of your child, and the exercising of your respective parenting rights and responsibilities in terms fo the law.

This is the confusion surrounding the new law, he has every right to tell you to leave the child with him, and you have every right to take the child with you. That is of course if he has rights as per Section 21 of Childrens Act.

So ina case like yours you can do one of 2 things - fight with him over the child, or agree to draft a parenting plan with the help of an organisation like FAMSA, or any other mediation organisation. But if you try fight him, the courts will still tell you to try mediate,as this is what the law requires before you go to court.

Many parents ignore the law, and what ends up happenign is they fight and pull the child " apart"  in the process. The child gets used as a pawn tofight battles.

So I ask you, whatever you issues with him, please seperate them from what is best for the child. Dont involve the child in your personal issues with him. He is dad, you are mom, and your child needs you both.

Reply to FIO

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