Text in Afrikaans / Die artikel bepaal welke regsgevolge voortvloei indien 'n saamwoon-verhouding tot 'n einde kom. Daar word eerstens na die posisie in Engeland gekyk met verwysing na vererwing, gesinsgeweld, 'n deliksaksie weens verlies aan onderhoud, verdeling van eiendom en minderjarige kinders. Daarna word die posisie in Swede in oenskou geneem op dieselfde basis. Laastens word die regsposisie in Suid-Afrika bespreek. Die gevolgtrekking is dat saamwoners hier te lande swakker af is as in meeste ander Westerse lande. Die howe hier het nag min leiding gegee oar die klassieke saamwoonverhouding se implikasies. Gevolglik weet saamwoners nie presies wat hulle te wagte kan wees indien so 'n verhouding eindig nie. Enkele voorstelle vir regshervorming word verskaf. / The purpose of the article is to ascertain which legal consequences follow when a "common law" marriage is dissolved. Firstly, the position in England is evaluated with specific reference to inheritance, family violence, a delictual action for loss of support, division of assets and minor children. Thereafter the position in Sweden is evaluated on the same basis. Lastly, the position in South Africa is discussed. It is concluded that participants to a common law marriage in South Africa do not enjoy the same protection as in most other Western countries. The Courts have given little assistance in this regard. Consequently people that live together cannot be certain of the consequences when their relationship is dissolved. Suggestions are provided for legal reform: / Private Law / LL. M.

Text in Afrikaans / Die artikel bepaal welke regsgevolge voortvloei indien 'n saamwoon-verhouding tot 'n einde kom. Daar word eerstens na die posisie in Engeland gekyk met verwysing na vererwing, gesinsgeweld, 'n deliksaksie weens verlies aan onderhoud, verdeling van eiendom en minderjarige kinders. Daarna word die posisie in Swede in oenskou geneem op dieselfde basis. Laastens word die regsposisie in Suid-Afrika bespreek. Die gevolgtrekking is dat saamwoners hier te lande swakker af is as in meeste ander Westerse lande. Die howe hier het nag min leiding gegee oar die klassieke saamwoonverhouding se implikasies. Gevolglik weet saamwoners nie presies wat hulle te wagte kan wees indien so 'n verhouding eindig nie. Enkele voorstelle vir regshervorming word verskaf. / The purpose of the article is to ascertain which legal consequences follow when a "common law" marriage is dissolved. Firstly, the position in England is evaluated with specific reference to inheritance, family violence, a delictual action for loss of support, division of assets and minor children. Thereafter the position in Sweden is evaluated on the same basis. Lastly, the position in South Africa is discussed. It is concluded that participants to a common law marriage in South Africa do not enjoy the same protection as in most other Western countries. The Courts have given little assistance in this regard. Consequently people that live together cannot be certain of the consequences when their relationship is dissolved. Suggestions are provided for legal reform: / Private Law / LL. M.

The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was an investigation in 1984, on: "the possibility of making provisions for a divorced woman to share in the pension benefits of her former husband ". This investigation came about, in South Africa, after the matter had already been accepted, in many foreign legals systems, as a well-established, and most important concept of family law. The obvious question for the South African legislature was which of the pension-sharing schemes throughout the world would best serve as a model. Since the South African accrual system was largely based on the German Zugewinngemeinschaft, it seemed only natural that a close comparative study should be made of Germany's Versorgungsausgleich scheme. It is one of the aims of this thesis to point out whether and to what extent South Africa followed the German example. To do so, it will be necessary to examine first the different legal situations which were prevalent before and after the legal changes in the two countries and to elaborate on the reasons which led to these changes. The discussion in chapter three of how the German system of equalisation of pension expectancies, the so-called Versorgungsausgleich, is applied, will facilitate a comprehensive comparison with the South African scheme. The questions to be answered in the fifth chapter are whether it is appropriate to examine the equalisation of pension expectancies under South African law, which was only recently introduced, in a comparison with the German system and whether it is possible to speak of a Versorgungsausgleich when referring to the South African situation. Whenever possible, I have attempted to suggest solutions that may appear acceptable. To conclude the thesis, certain pension sharing problems arising under South African private international law will be briefly commented upon. / Private Law / LLM

The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was an investigation in 1984, on: "the possibility of making provisions for a divorced woman to share in the pension benefits of her former husband ". This investigation came about, in South Africa, after the matter had already been accepted, in many foreign legals systems, as a well-established, and most important concept of family law. The obvious question for the South African legislature was which of the pension-sharing schemes throughout the world would best serve as a model. Since the South African accrual system was largely based on the German Zugewinngemeinschaft, it seemed only natural that a close comparative study should be made of Germany's Versorgungsausgleich scheme. It is one of the aims of this thesis to point out whether and to what extent South Africa followed the German example. To do so, it will be necessary to examine first the different legal situations which were prevalent before and after the legal changes in the two countries and to elaborate on the reasons which led to these changes. The discussion in chapter three of how the German system of equalisation of pension expectancies, the so-called Versorgungsausgleich, is applied, will facilitate a comprehensive comparison with the South African scheme. The questions to be answered in the fifth chapter are whether it is appropriate to examine the equalisation of pension expectancies under South African law, which was only recently introduced, in a comparison with the German system and whether it is possible to speak of a Versorgungsausgleich when referring to the South African situation. Whenever possible, I have attempted to suggest solutions that may appear acceptable. To conclude the thesis, certain pension sharing problems arising under South African private international law will be briefly commented upon. / Private Law / LLM