Agreements

Yes, it is definitely advantageous to her. Without an agreement a cohabiting woman has no automatic right to maintenance, unlike a married woman. A cohabiting woman can  make a written “family life” agreement with her “man” and include a section about maintenance. The agreement can be authorized at the family court, though, in contrast to married couples, unmarried couples do not have to get court authorization for such an agreement. Neither is it obligatory for their agreement to be in writing. There needs to be an agreement, however, although this may be oral, in which case it may have to be proved, through witnesses or other admissible evidence. It is certainly more difficult to prove an oral agreement and it is, therefore, preferable to draft a written agreement and to have it authorized in court. The Family Law Amendment (Maintenance) Act of 1959 covers maintenance between couples – but only applies to married couples.