Understanding Universal Partnerships in Botswana: When Unmarried, Same Sex Couples Share More Than a Home - VAT EN SIT
If there is widespread demand for protection, justice, and robust checks on power, the Constitution must evolve accordingly.
In Botswana, more couples are choosing to live together without getting married. But what happens when these partners build a life, buy property, or start a business together – and then the relationships ends?
Many people would be suprised to learn that the law has answer for this. It’s called a Universal Partnership, and it can protect people who invest years, money, or effort into a relationship that was never formalised through marriage.
What Exactly Is a Universal Partnership?
Universal partnership is a legal concept derived from our common law. It applies when two people, although not married, live and work together in a way that makes them act like partners—not just romantically, but financially and practically. It is not something you sign up for or register for. Instead, it forms naturally when a couple:
- Shares a home or a life together,
- Contributes to each other’s well-being or finances, and
- Works towards building something together — whether it’s a house, a cattle post, a business, or family stability.
If both people contribute in meaningful ways, the law may recognise that partnership.
How Do These Partnerships Form?
Courts don’t look for a ceremony or a contract. They look at behaviour;
- Did both partners contribute?
- Did they share responsibilities?
- Did they plan and work towards a joint future?
Contributions can be financial — like paying for building materials or buying groceries — but they can also be non-financial, such as raising children, managing the household, or helping with family farming.
If the couple acted like a team and built something together, the law may conclude that a universal partnership existed.
Why Do People Need This Protection?
Breakups can be painful, but they can also be financially devastating when one partner has put years of effort into building a home or property they don’t legally own.
A universal partnership allows the partner who contributed — even indirectly — to claim a fair share of what the couple built together.
This can include:
- A portion of the property
- A share of profits from a business
- Compensation for unpaid labour
- Recognition of contributions that would otherwise be ignored
It helps ensure that one partner doesn’t walk away with everything while the other is left struggling.
Common Real-Life Examples in Botswana
Universal partnerships often arise in situations like:
- Couples who build a house together, even if the plot is in one partner’s name
- Partners who run a cattle post or farm as a team
- Long-term cohabiting couples who pool money for food, bills, and improvements
- A partner leaving work or moving towns to support the other’s career
- Joint business ventures built during the relationship
- Same sex couples in Partnerships
These are everyday stories in Botswana — and the law recognises them.
How Do You Prove a Universal Partnership?
It is usually proven through evidence showing a shared life, such as:
- Bank records
- Receipts for joint purchases
- Witness testimony
- Messages showing joint planning
- Proof of contribution to property or livestock
- Documents showing joint financial decisions
The court simply asks: Did these two people behave like partners building something together? If the answer is yes, the partnership can be recognised.
What Should Couples Keep in Mind?
For people currently living together, it helps to:
- Keep records of major contributions
- Communicate openly about finances
- Put both names on the property where possible
- Consider a simple cohabitation agreement
For couples separating, documentation and early legal advice are key. Kindly contact your authorised legal advisor for further assistance.
As cohabitation becomes more common in Botswana, universal partnerships are becoming increasingly important. They recognise the reality that many couples build wealth and stability together, even without marriage. And when relationships end, this legal concept ensures that fairness — not just formality — prevails.