April 30, 2021 Family law

What the law says about monies spent on a partner

You may have recently read a local story about a woman whose boyfriend helped pay for her tuition. Her father had died suddenly and she couldn’t finish studying without financial help. Her boyfriend agreed to pay after she assured him their relationship was serious enough for them to marry one day. When she had completed her studies, however, he demanded she either marry or reimburse him. She refused to do both.

In this case, he had no legal recourse for three reasons:

1. The court wouldn’t force her to marry him as it would be untenable.
2. Without a loan agreement, the monies spent are likely to be seen as a gift or donation.
3. In previous cases of broken-off engagements, our courts found the only expenses one can claim for are those incurred in the wedding planning. It would, therefore, not matter whether they were engaged or had only talked of marrying.

Ideally, they should have had an attorney draw up a written loan agreement. Even though verbal and tacit agreements are legally binding, it’s hard to prove either of these existed. If interest is levied on deferred payments, legal advice should be sought as the National Credit Act could apply.
It’s true what they say: nothing in life is guaranteed, save for death and taxes.

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