The following definition of ‘spouse’ was included in recent draft legislation.

The definition may be useful when you need to define the term in a contract. The definition will have to be adapted to the specific requirements and wording of the rest of the document.

‘spouse’ in relation to any person at the relevant time means-

  • a husband or wife in terms of the Marriage Act 1961 or the Recognition of Customary Marriages Act 1998, or the Civil Union Act 2006;
  • a life partner (including same-sex life partner) in a permanent relationship;
  • a husband or wife according to the tenets of any religion.