In South Africa, there is a pervasive myth that living with your partner for a certain number of years automatically makes you "married" in the eyes of the law. This is incorrect. "Common-law" marriage does not legally exist in South Africa, regardless of how many years you have lived together.
A Cohabitation Agreement (or Life Partnership Agreement) is the only legal tool available to unmarried couples to secure their financial future and—crucially—to satisfy immigration requirements.
Essential for Immigration & VisasBeyond protecting your assets, a Cohabitation Agreement is a mandatory legal requirement for couples navigating immigration:
- South African Life Partnership Visas: If you are a foreign national in a relationship with a South African citizen, the Department of Home Affairs requires a Notarial Cohabitation Agreement as primary evidence of your relationship. Without this notarized contract, you cannot qualify for a Life Partner Visa or Permanent Residency.
- Overseas Work Visa Applications: Many countries (such as the UK, Australia, and EU nations) recognise "unmarried partners" for dependency visas. However, they require a legalized or apostilled Cohabitation Agreement to prove the relationship is "akin to marriage." We assist couples in drafting and legalizing these documents to ensure their overseas work visa applications are successful.
Why You Need a Cohabitation AgreementWhether you are staying in South Africa or moving abroad, this contract ensures:
- Property Rights: Define who owns the house, car, or furniture acquired during the relationship.
- Financial Clarity: Clarify how bond payments, rent, and groceries are split.
- Debt Protection: Ensure you are not held liable for your partner’s personal debts.
- Termination Clauses: Establish a fair process for dividing assets if the relationship ends.
Our Process & FeesWe provide a specialized service for couples, including those with immigration needs.
- Consultation: We identify your asset protection needs and visa requirements.
- Bespoke Drafting: We create a contract tailored to your specific lifestyle or embassy requirements.
- Notarisation & Legalization: For visa purposes, we provide Notarial attestation and can assist with the Apostille process for use at foreign embassies.
Professional Fee for a Cohabitation Agreement: - R1600.