"spouse"

in relation to any person, means the partner of such person—

(a)	in a marriage or customary union recognised in terms of the laws of the Republic;

(b)	in a union recognised as a marriage in accordance with the tenets of any religion; or

(c)	in a same-sex or heterosexual union which the Commissioner is satisfied is intended to be permanent:

Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union without community of property.

[Definition inserted by section 1(d) of Act No. 5 of 2001]