A notarial cohabitation agreement (also called a life partnership agreement) is a formal, legally binding contract between two people who live together in a committed relationship without being married. It is drafted by an attorney and executed before a Notary Public, who verifies the identity of both partners, attests the signatures, and archives the original in a permanent Notarial Protocol with a unique protocol number.This is not a simple private contract. The notarial element gives the agreement a special legal status recognised by the Department of Home Affairs, foreign embassies, medical aid schemes, pension fund trustees, SARS, and the courts. It is the primary document that proves your relationship exists as a permanent, exclusive life partnership — the legal equivalent, for many practical purposes, of a marriage certificate for unmarried couples.Who is this for? Any unmarried couple — heterosexual or same-sex — who live together (or plan to live together) and want legal recognition of their relationship. This includes South African couples, mixed-nationality couples, and foreign couples resident in South Africa. There is no minimum duration requirement to enter into the agreement itself, though certain benefits (like a life partner visa) require proof of at least two years of cohabitation.
Immigration Partner / Spousal Visa
The Department of Home Affairs requires a notarial cohabitation agreement as primary evidence of your relationship when applying for a life partner visa, relatives visa, or Section 11(6) visitor's visa with work endorsement. Without it, your application will be rejected.
Benefits Medical Aid & Pension Benefits
Add your partner as a dependant on your medical aid, claim pension fund benefits, access estate duty exemptions, and qualify as a "spouse" for Income Tax Act purposes. Medical aid schemes and pension fund trustees require proof of the life partnership.
Asset ProtectionProperty & Financial Clarity
Define who owns what, how expenses are shared, what happens to the house if you separate, and how jointly acquired assets are divided. Without an agreement, you have no automatic rights to anything in your partner's name.
InternationalOverseas Dependent Visas
Moving abroad with your partner? Countries like the UK, Australia, UAE, and EU nations require an apostilled notarial cohabitation agreement for unmarried partner dependency visas. We draft, notarise, and assist with the apostille.
InheritanceInheritance & Estate Planning
A cohabitation agreement, combined with a valid will, helps establish the reciprocal duties of support that the Constitutional Court now requires for inheritance and maintenance claims after Bwanya v Master (2021).
SeparationExit Provisions
Unlike divorce, there is no legal framework governing the dissolution of a cohabitation relationship. Your agreement provides the only enforceable process for dividing assets, terminating shared obligations, and managing the transition.
For most of our clients, a notarial cohabitation agreement is the gateway to legal residence in South Africa. The Immigration Act 13 of 2002 recognises permanent life partnerships as "spousal relationships" for visa purposes. This means a foreign national in a committed relationship with a South African citizen or permanent resident can apply for the same visa benefits as a married spouse — provided they can prove the partnership.
Under the Immigration Regulations, a life partner applying for a visa must provide:
From cohabitation agreement to permanent residency
1 Notarial Cohabitation Agreement
We draft and notarise your agreement. This establishes the legal basis for your relationship in the eyes of Home Affairs.
2 Relatives Visa (Section 18) or Section 11(6) Visitor's Visa
Apply through VFS Global with your notarial agreement and supporting documentation. A relative's visa allows residence; a Section 11(6) visa allows residence plus work, study, or business endorsement. Both are issued for up to 2–3 years.
3 Work Endorsement (if applicable)
Section 11(6) visa holders can be endorsed to work, study, or conduct business. You only need a job offer — no labour market test required. The endorsement is employer-specific.
4 Permanent Residency (Section 26(b))
After 5 continuous years of proven life partnership with a South African citizen or permanent resident, you may apply for permanent residency. Your notarial agreement and years of supporting documentation form the backbone of this application.Since Nandutu v Minister of Home Affairs (2019): Spouses and life partners of South Africans no longer need to leave the country to apply for a long-term visa. As long as you entered South Africa legally and your current visa is still valid at the time of submission, you may change status inside the country.
DHA scrutiny is real. Home Affairs conducts individual interviews with both partners to verify the authenticity of the relationship. They look for inconsistencies, fraudulent documentation, and sham relationships. A notarised agreement drafted by a practising attorney — combined with genuine, consistent supporting documentation — significantly strengthens your application. Generic templates downloaded online are frequently flagged.
Beyond immigration, a cohabitation agreement unlocks access to spousal benefits across multiple South African institutions. Several key pieces of legislation have broadened the definition of "spouse" or "dependant" to include life partners — but you typically need a notarial agreement to prove the relationship.
| Benefit / Institution | Available to Life Partners? | Legislation / Authority |
|---|---|---|
| Medical aid — add partner as adult dependant | ✓ Yes | Medical Schemes Act 131 of 1998 — "dependant" includes a "partner" |
| Medical aid — add partner's minor children | ✓ Yes | Same Act — child dependants regardless of marital status |
| Pension fund — nominate partner as beneficiary | ✓ Yes | Pension Funds Act — "permanent life partner" included since 2007 |
| Pension fund — Section 37C death benefit distribution | ✓ Yes | Trustees must consider all financial dependants, including life partners |
| Income Tax Act — treated as "spouse" | ✓ Yes | Income Tax Act — recognises permanent same-sex or heterosexual unions |
| Estate Duty — R3.5M spousal abatement | ✓ Yes | Estate Duty Act — "spouse" includes permanent life partners recognised by SARS Commissioner |
| Domestic violence protection | ✓ Yes | Domestic Violence Act 116 of 1998 — applies to cohabitation relationships |
| COIDA — compensation if partner dies from workplace injury | ✓ Yes | Compensation for Occupational Injuries and Diseases Act 130 of 1993 |
| Life insurance — name partner as beneficiary | ✓ Yes | Permitted by policy — notarial agreement strengthens the nomination |
| Intestate inheritance (if no will) | ⚠ Conditional | Since Bwanya (2021) — only if "reciprocal duties of support" are proven |
| Maintenance from deceased partner's estate | ⚠ Conditional | Since Bwanya (2021) — same requirement of reciprocal support |
| Joint bank account | ✗ Generally no | Most SA banks do not permit joint accounts for unmarried couples |
| Automatic duty of maintenance during relationship | ✗ No | No duty of support arises by operation of law — only by agreement |
| Pension fund sharing on separation | ✗ No | Pension Funds Act does not allow fund sharing for unmarried partners |
The cohabitation agreement is your proof. Medical aid schemes, pension fund trustees, and SARS all require documentation to extend spousal benefits to a life partner. The notarial cohabitation agreement is the most authoritative document you can provide. Without it, you may be denied access to benefits you are legally entitled to.
There is a persistent and dangerous myth in South Africa that if you live with your partner for a certain number of years — typically five — you become "common-law married" and acquire the same rights as a married couple. This is completely false.South African law does not recognise common-law marriage. No matter how long you have lived together, no matter how many children you share, no matter how intertwined your finances are — if you have not formalised your relationship through marriage, a civil union, or at minimum a cohabitation agreement, you have no automatic legal rights against your partner.
What this means in practice: If your partner dies without a valid will, you have no automatic right to inherit (unless you can prove "reciprocal duties of support" after Bwanya). If the relationship ends, you have no right to maintenance, no right to claim a share of your partner's pension, and no right to any assets registered in their name — even if you contributed to them financially. You would need to prove a "universal partnership" in court, which is extremely difficult and expensive.T
The Constitutional Court addressed this directly in Volks NO v Robinson (2005), holding that the state may legitimately distinguish between married and unmarried couples. While Bwanya v Master (2021) has significantly softened this position regarding inheritance and maintenance on death, the fundamental principle remains: cohabitation confers no automatic rights. A cohabitation agreement is the tool that fills this gap.
Without a cohabitation agreement, your legal position is stark. There is no reciprocal duty of support, no automatic right to maintenance, no right to occupy the shared home if the property is not in your name, and no framework for dividing assets on separation. Your only recourse would be to prove a "universal partnership" — a legal concept borrowed from commercial law that requires demonstrating the relationship functioned like a business partnership aimed at making a profit. The requirements are strict and the outcomes uncertain.
A properly drafted cohabitation agreement transforms your legal position. It creates contractual rights between you and your partner that are enforceable in court. While it cannot override certain legislative limitations (for example, it cannot force a pension fund to share pension benefits on separation), it provides the critical evidence of a permanent life partnership that unlocks most spousal benefits and establishes clear rules for the relationship.Crucially, after Bwanya, the agreement serves as documentary proof that you have "undertaken reciprocal duties of support" — the Constitutional Court's threshold requirement for inheritance and maintenance claims on death. Without such evidence, surviving partners face an uphill battle proving the nature of the relationship.
Every cohabitation agreement we draft is tailored to the couple's specific circumstances, but the following core provisions are standard:
Confirmation that the parties are in a permanent, exclusive life partnership and that neither is currently married or in another domestic partnership. This is the clause Home Affairs relies on.
An express declaration that the agreement does not constitute a marriage, civil union, or customary marriage. This protects both parties from unintended matrimonial consequences.
The parties agree to support and maintain each other throughout the relationship. This clause is critical after Bwanya — it establishes the "reciprocal duties of support" required for inheritance and maintenance claims.
Specifies how property is owned — separately, jointly, or in defined shares. Covers the shared residence, vehicles, furniture, investments, and any other significant assets. Defines what happens to jointly owned property on separation.
Sets out how bond payments, rent, utilities, groceries, and other living expenses are shared during the relationship. Clarifies each partner's liability for their own debts.
Each partner remains responsible for their own debts. Neither partner assumes liability for debts incurred by the other (unlike marriage in community of property where debts are shared).
Where applicable, it sets out parental responsibilities, financial contributions for children born of the relationship, and arrangements in the event of separation.
Establishes a clear process for ending the partnership — notice periods, asset division procedures, and arrangements for the shared home. Without these clauses, separation has no legal framework.
For visa applicants, we include specific clauses addressing the exclusivity and permanence of the relationship, shared financial obligations, and the intention to cohabit permanently — the criteria Home Affairs uses to assess visa applications.
If one partner has secured a work visa in a foreign country, the trailing partner often needs a legalised notarial cohabitation agreement to qualify as a dependent. Many countries — including the United Kingdom, Australia, New Zealand, the UAE, and EU member states — recognise unmarried partners for dependency visas, but require formal proof that the relationship is "akin to marriage."For international use, the notarial cohabitation agreement typically needs to be apostilled — a certification process under the Hague Apostille Convention that authenticates the document for use in any member country.
We draft the agreement to meet international embassy standards and can assist with the apostille process through our sister company, apostille.co.za.
Common international destinations: UK Unmarried Partner Visa (requires 2+ years cohabitation proof), Australia Partner Visa (subclass 820/801), UAE dependent visa, Schengen area family reunification, Canada common-law partner sponsorship. Each country has specific requirements — we tailor the agreement accordingly.
1 Complete the Online Application
Fill in our online form with your details — both partners' personal information, citizenship status, visa requirements, asset details, and any specific clauses you need. This takes about 15 minutes.2
We review your submission and draft a bespoke cohabitation agreement tailored to your circumstances and visa or benefit requirements. If you need clauses for a specific embassy or institution, we incorporate those. We send the draft to you for review.
3 Signing Before the Notary Public
Both partners must appear in person before the Notary Public at our offices in Pretoria. The Notary verifies your identity documents, witnesses your signatures, and formally attests the agreement. The agreement is signed in duplicate — one original for you, one for the Notary's Protocol archive with a unique protocol number.
4 Delivery & Legalisation (if required)
You receive your executed, notarised original immediately. If you need the document apostilled for international use, we facilitate this through our legalisation services. The agreement is now legally effective and ready for submission to Home Affairs, your medical aid, your employer, or any foreign embassy.
What's included in the R1,700 fee: Professional drafting of the cohabitation agreement tailored to your circumstances, the appointment with the Notary Public, notarial attestation, protocol archiving, and one original copy. Apostille services for international use are available separately through apostille.co.za.
This 2021 Constitutional Court judgment fundamentally changed the legal landscape for cohabiting couples in South Africa. The case involved Jane Bwanya, who had lived with her partner Anthony Ruch in a committed relationship until his unexpected death. He died with an outdated will naming his predeceased mother as heir, leaving him effectively intestate. Bwanya sought to inherit under the Intestate Succession Act and to claim maintenance under the Maintenance of Surviving Spouses Act — both of which, at the time, were limited to legally married spouses.
The Constitutional Court — overturning its own earlier decision in Volks v Robinson (2005) — held that both Acts were unconstitutional insofar as they excluded surviving partners of permanent life partnerships in which the partners had undertaken reciprocal duties of support. The Court declared the exclusion to be unfair discrimination on the ground of marital status, violating the constitutional rights to equality and dignity.
What Bwanya means for you: If you are in a permanent life partnership and your partner dies without a valid will, you may now have a right to inherit and to claim maintenance from your partner's estate — but only if you can prove that you undertook reciprocal duties of support. A notarial cohabitation agreement containing an express clause on reciprocal support is the strongest evidence you can have. Without it, you would need to prove the existence and nature of these duties through other means — a much harder task.
For 16 years, this Constitutional Court decision defined the legal position of cohabiting couples. The majority held that the state may legitimately distinguish between married and unmarried couples, and that people who choose not to marry cannot complain about being denied the legal benefits of marriage. While Bwanya has overruled this position on inheritance and maintenance on death, the broader principle of Volks — that cohabitation does not automatically create the same rights as marriage — still applies in many contexts. This is precisely why a cohabitation agreement remains essential.
In this 2023 Western Cape High Court decision, the court advanced the legal position further by recognising that a duty of support between life partners can arise not only from an express agreement, but also from the nature of the relationship itself — particularly where one partner is vulnerable and dependent. The court identified two categories of protected partners: those who explicitly agreed to mutual support, and those whose relationship created dependency regardless of a formal agreement. This further underscores the value of a written cohabitation agreement — it places you firmly in the first, more easily provable category.
