Notarial Cohabitation Agreements: Your Path to a South African Life Partner Visa

Recognised as a conjugal relationship under South-African law for purposes of applying for a spousal visa.

Notarial Cohabitation Agreements: Your Path to a South African Life Partner Visa image
If you are a foreign national in a committed relationship with a South African citizen or permanent resident, you do not need to be married to live and work in the Republic. South African immigration law recognizes Life Partnerships as "conjugal relationships" equivalent to marriage for visa purposes.

However, to qualify for a Spousal/Life Partner Visa, the Department of Home Affairs requires specific legal proof of your union under Section 1(1)(xxxvi) of the Immigration Act. This proof is provided through a Notarial Cohabitation Agreement.

What is a Notarial Cohabitation Agreement?
A Notarial Cohabitation Agreement is a formal, legally binding contract drafted and attested by a Notary Public. It serves as the primary evidence that your relationship is permanent, exclusive, and involves mutual financial and emotional support.
Unlike a standard contract, this document must be signed in the presence of a Notary, who verifies the identity of both partners and ensures the agreement meets the strict standards of the Immigration Regulations.

Why the Notarial Element is Critical
For a cohabitation agreement to be "legally sanctioned" for a visa application, it must follow a specific protocol:
  1. Personal Appearance: Both the South African and foreign partner must appear in person before the Notary Public.
  2. Notarial Attestation: The Notary issues a formal certification of the relationship and the signatures.
  3. Protocol Archiving: The Notary signs the contract in duplicate. One original is handed to you for your visa application, and the second is placed in the Notary’s Protocol (a permanent legal archive) with a unique Protocol Number allocated to it. This ensures the document is recognized by third parties, including Home Affairs and foreign embassies.
Mandatory Requirements for the Visa
To satisfy the Department of Home Affairs, your Notarial Agreement and supporting evidence must prove:
  • Exclusivity: Neither partner is currently married or in another permanent relationship.
  • Duration: You must typically prove the relationship has existed for at least two years (Regulation 3(2)).
  • Financial Support: The agreement must outline how you share financial responsibilities.
  • Cohabitation: Proof that you live together (joint leases, utility bills, or shared bank accounts).
Overseas Work Visas & Dependency
Are you a South African couple moving abroad? If one partner has secured a work visa in countries like the UK, Australia, or the UAE, the trailing partner often needs a legalized/apostilled Notarial Agreement to qualify as a dependent. We specialize in drafting these agreements to meet international embassy standards.
Our Specialist Notarial Services
We provide a comprehensive "Visa-Ready" package to ensure your application is not rejected for technical errors.
  • Drafting: Professional drafting of the Life Partnership Agreement according to Section 1(1) standards.
  • Notarization: Formal signing and attestation in our offices.
  • Affidavits: Preparation of the required Life Partnership Affidavits.
  • Legalization: Assistance with Apostille services for couples moving overseas.
Professional Fee for Notarial Cohabitation Agreement: R1,600.00, which includes drafting, the appointment with the Notary, and protocol filing.