September 19th, 2011 | 
Author: Why marry and not just live together
The marriage is currently the only social / legal institution that protects the rights of social partners or spouses, as they are called inside marriage, without having to enter into additional agreements, as there is an automatic and reciprocal duty of support between spouses, duty of maintenance during and in some cases after termination of the marriage, spouses can inherit from one another through testate (will) and intestate succession, etc.
The legal and proprietary consequences of life partnerships or cohabitation relationships should be regulated by a partnership agreement. However, in the absence of agreement, partners can still approach a court, after the relationship has been terminated (by death or separation), for an order for maintenance, an intestate succession order and / or an order dividing the property.
In these instances the courts must have regard to all the circumstances of the relationship before giving an order. This, however, is an expensive and time consuming process with no guarantee a satisfactory outcome for the parties.
Couples who are in unrecorded life partnerships are urged to employ the services of an attorney to draft and assist in the execution of a suitable partnership agreement and to make the necessary legal provisions in their wills.
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