Benjamin Zulu Speaks on Come We Stay Rulling
So the Supreme Court is back with another game changer ruling: ‘come we stay’ is not marriage, no matter how many years spent together.
The meaning of this? In case of divorce, there will be no divorce because there was no marriage. As it pertains to the children you got together, they’re responsible to take their part in upbringing. But as it pertains to you, you’re nobody to them. You were just two adults in a non-contractual association. The court assumes that you both had personal reasons to avoid commitment and their opinion is that ‘we have no business imposing marriage on people who clearly didn’t want it.’
Granted, the court implied that they will recognize not just proof of marriage like a certificate- and customary marriages have certificates nowadays as well – but also intention to be married. But how do you prove intention, especially when the other person is in contention? If you have clear plans for ceremonies may be, or some convincing proof. And a very good lawyer to contest it for you, of course. But all in all, the terrain is changing.
So if you want marriage, just get married. Formally and in a ceremony. Either civil, customary, or religious.
Gone are the days when people would start cohabiting first then ‘formalise things later.’ This postponement can go on forever and you end up stuck in something where you have no security whatsoever.
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