Cohabitation Contracts SA: All the Facts

Many couples in South Africa believe in the myth of "Common Law Marriage"—the idea that living together for a long time grants you legal rights. In South Africa, this is a legal fallacy. No matter how many years you live together, you do not automatically inherit your partner's assets, pension, or property.A Cohabitation Agreement (or Life Partnership Agreement) is a formal contract that defines the financial and legal relationship between two people living together, ensuring peace of mind and protection for both parties.

What Can a Cohabitation Agreement Cover?

A well-drafted agreement acts as a roadmap for your shared life. It clearly defines ownership and responsibilities regarding:

• Property & Housing: Who owns the home, who paid the deposit, and how the bond/rent is split.
• Household Expenses: Clear division of utility bills, groceries, and maintenance.
• Asset Ownership: Protection of assets owned before the relationship (cars, jewelry, investments).
• Debt Liability: Ensuring you are not responsible for your partner’s personal debts.
• Life Partnership Visas: A mandatory requirement for foreign partners applying for a South African Spousal Visa.
• Next of Kin Rights: Granting your partner rights in medical emergencies or pension access.

Why a Notary Public is Essential

While you can find "templates" online, they are often legally insufficient. To be recognized by third parties (such as the Department of Home Affairs for visas, or Medical Aids and Pension Funds), the contract must be signed before a Notary Public.The Notarial Difference:

1. Verification: A Notary Public verifies your identity and ensures the contract is signed voluntarily.
2. Protocol Number: Our Notary Public allocates a formal Protocol Number and stores a second original in a permanent legal archive.
3. Legal Validity: This process makes the document a "Public Instrument," which carries significantly more weight in court and government departments than a private contract.

Key Legal Differences: Marriage vs. Cohabitation

If you choose to live together without a marriage certificate or a Cohabitation Agreement, you face significant risks:

Modifying or Cancelling the Agreement

Life changes, and your contract should too. You can modify your agreement at any time—especially after the birth of a child, a significant inheritance, or a change in financial status.

• To Modify: A new addendum must be signed before a Notary Public.
• To Cancel: If the relationship ends or you decide to marry, the parties sign a Deed of Cancellation before a Notary Public.

Frequently Asked Questions

Does this protect me from my partner's creditors? Yes. Unlike a marriage in community of property, a cohabitation agreement ensures your assets remain separate, protecting you from your partner's financial risks. Is it the same as an Antenuptial Contract?No. An Antenuptial Contract (ANC) is for couples who are planning to marry. A Cohabitation Agreement is for couples who are living together with no immediate wedding plans. If you decide to marry later, your Cohabitation Agreement will be superseded by your ANC. Can I draw up my own agreement? You can, but it is highly discouraged. DIY templates are often outdated and are usually rejected by Home Affairs for visa purposes. They also lack the Notarial Attestation required to bind third parties like pension funds.

Our All-Inclusive Fee: R1,600

We provide a seamless, online-first process to protect your partnership. For R1,600 (all-inclusive), we handle the drafting and the professional notarial attestation of your agreement.

• Step 1: Apply online using our easy form.
• Step 2: Our attorney/notary drafts your cohabitation agreement.
• Step 3: You sign before our Notary Public (or we arrange for the protocol filing).

Quick, Professional & Legally Certain.