Hi there and thank you for your question,
There is no such thing as a common law husband and wife in South Africa.
The Supreme Court has held, time and again, that if parties want to enjoy the benefits of a marriage (a legal duty of support to each other) then they need to get married.
If one of you dies, or you break off your relationship, then you would each take away that which you brought into the relationship.
Furthermore, I am of the opinion that you would not be entering into a Universal Partnership, because of the reason that you are both retired. You're not entering into a relationship for the purpose of making a profit, and sharing your income and expenses. You're both retired, therefore no court would hold that you entered into a Universal Partnership. Even if it did, you would then only have a claim against the other person for 50% of the profit that you each made while in the Universal Partnership. And since you're retired ... you're not going to be earning an income, therefore no profit.
Good luck with your relationship moving forwards!
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