Abstract
The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate relationships is provided to indicate that the current system of law regulating intimate relationships is in a state of chaos. Deregulation of intimate relationships and regulation by contract as well as a singular Act regulating intimate relationships are investigated as alternatives to the current system. The paper concludes that deregulation does not pose a viable alternative model to recognise intimate relationships. The ideal will be to have a singular Act regulating all intimate relationships. The conclusion and termination of these relationships should be less formal than the current system. The parties should be free to regulate the consequences of their intimate relationship by a relationship contract. Default contracts should be contained in the Act to ensure substantive equality in intimate relationships.
Highlights
P BakkerWhat is chaos? The Oxford Dictionary[1] defines "chaos" as "complete disorder and confusion"
The legislature has currently merely transferred the chaos on a micro level to the macro level by enacting legislation as the need arose to recognise a new form of intimate relationship
Some of the trends that are apparent are the development of social tolerance towards diversity, a change in the nature of families, an increase in private autonomy, and an increase in consciousness of the plight of vulnerable parties in intimate relationships
Summary
What is chaos? The Oxford Dictionary[1] defines "chaos" as "complete disorder and confusion". I will, utilise the theory in a metaphorical manner to describe the current state of family law and law regulating intimate relationships in South Africa.[13]. Pluralistic system[14] this level can be regarded as official or state-law pluralism.[15] On a macro level we are merely concerned with legislation governing the current law of intimate relationships in general and legislative trends – that is the reaction of the state with regard to social demands. My intention is to provide a bird's eye view of the law regulating intimate relationships rather than to investigate all the intricacies on a micro level. I will illustrate why I am of the opinion that the current system of law regulating intimate relationships is in a state of chaos. Thereafter changes on the macro level are proposed that might lead to a more stable system regulating intimate relationships over time
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