Cohabitation Contracts SA

Cohabitation / Life Partnership Agreements Comprehensive Cohabitation Contract Service.
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Cohabitation Agreements South-Africa Explained 

Learn about Cohabitation Agreements. Apply Online. Complete service with and notarisation before Notary Public. All-Inclusive fee R1500.00. Louwrens Koen Attorneys.

What is a cohabitation / life partnership agreement?
If you live with your partner, or you are planning to live together (whether as a heterosexual or same sex couple), you can enter into a cohabitation agreement also called a life partnership agreement. This can set out the ownership of existing assets (including property), what your financial responsibilities will be towards each other and how savings and jointly owned assets will be distributed should you later split up. In South-Africa it is also commonly used as part of a spousal visa application.

More and more couples now choose to live together before they get married or enter into a civil partnership, or choose never to have their relationship legally recognised at all (by marriage or civil partnership). However, cohabiting does not entitle you to the same legal rights as marriage as it does not bind you together in the eyes of the law. For couples who are living together or have shared assets, this can lead to issues and uncertainties upon separation.
You have no express legal rights in a relationship if you are not married or in a civil partnership except in respect of jointly owned assets.

Cohabitation Agreements for Life partner (PERMANENT RELATIONSHIP) visa South Africa 

Recognised as a conjugal relationship under South-African law for purposes of applying for a Life Partner (permanent relationship) visa.

Cohabitation Agreements for Life partner (PERMANENT RELATIONSHIP) visa South Africa  image
Cohabitation / Life Partnership agreements drafted, notarised, and attested by a Notary Public in South Africa are recognised in terms of section 1(1)(xxxvi) of the Act as a requirement, to be concluded by the parties to allow legal sanction of a permanent conjugal relationship, within the Republic, other than a marriage or a customary union concluded under the laws of the Republic.

The notarial Co-Habitation contract is a formal agreement entered into by a South African citizen/permanent resident and a foreign partner. The agreement setting out the details of the parties' rights and privileges in terms of their relationship is drafted and notarised by a South African notary. The parties must also appear and sign the agreement in the presence of the Notary Public. The Notary then issues a notarial certification relating to the above. The contract is signed originally in duplicate, and the second original contract is placed in the Protocol of the Notary and a protocol number is allocated.

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Get Started - Notarised Cohabitation

Get Started - Notarised Cohabitation
Louwrens Koen Attorneys offers a comprehensive co-habitation contract service, which service, inter alia includes:
  • Drafting and finalising the contract in conjunction with the parties;
  • Explaining their rights and responsibilities as well as the legal consequences of entering into the contract;
  • Attesting signature of the agreement;
  • Notarial true copies of the id/passports of the parties;
  • Notarially binding and allocating Protocol number.
The cost of drafting and consultation to signature before notary costs R135.00.

BENIFITS OF CONSIDERING A COHABITATION CONTRACT 

Discover the Benefits of Cohabitation Contracts Drafting Service

As society evolves, people are increasingly choosing alternative forms of relationships. While traditional marriage remains popular, cohabitation is becoming more widespread. However, cohabiting couples must understand the legal implications of their decision, particularly regarding financial obligations and property ownership.

Cohabitation is when a couple lives together without being legally married to each other. In South Africa, this type of relationship is not legally recognised, unlike marriage, which is governed by specific laws that protect the parties involved. Many believe that being in a long-term relationship means being in a "common-law marriage," but this is a misconception. 

Unmarried couples who live together do not have the same legal rights as those who are legally married. While cohabiting couples may not enjoy the same rights as married couples, South African courts have occasionally recognised the existence of a universal partnership between cohabitants.

 A universal partnership allows for the sharing of property obtained before and during the relationship, similar to a marriage in community of property. However, it can be challenging to prove the existence of a universal partnership, and specific requirements must be met. To protect both partners' legal rights, it is recommended that they sign a cohabitation agreement. 

This legally binding document outlines the couple's rights, obligations, and living arrangements, including property ownership, living expenses, and maintenance. A valid will is also essential, as cohabiting partners have no automatic right to inherit from each other, nor do they have the right to spousal maintenance if one partner dies. At Louwrens Koen Attorneys (Cohabitation Drafting Service), we understand the complexities of cohabitation agreements and wills. 

We provide expert legal advice to protect cohabiting couples' rights. 

Contact us today for more information.


cohabitation contracts Contact - louwrens koen attorneys 

  • Louwrens Koen Attorneys 416 Kirkness Street, Arcadia, Pretoria, South Africa

Louwrens Koen Attorneys have already assisted thousands of couples with their Antenuptial Contract registration needs. We pride ourselves in being approachable. Do not hesitate to contact us with your questions.

What can a cohabitation agreement cover?

The cohabitation agreement sets out who owns what and in what proportion in the relationship and covers elements such as the following: 

  • Ownership of property.
  • Deposit on your home.
  • What share of the mortgage or rent you will pay.
  • How household bills will be dealt with Bank accounts and money Life insurance Pensions Assets such as cars, furniture, other property, jewellery.
  • Payment of debts.
  • Pets.
  • Next of kin right

AppLy Online - Cohabitation / Life Partnership contract 

Get Started - Apply online. Signed Sealed Delivered.


Why should I have a cohabitation agreement?

Many couples are under the assumption that, if they are living together but unmarried or not in a civil partnership, then ‘common law marriage’ protects them in the same way as married couples. However, no such law exists. Couples who live together do not have the same legal rights as married couples or those in a civil partnership, so this assumption is a myth. 

A cohabitation agreement can provide peace of mind in your relationship. By coming to an agreement before or whilst you are living together, you will: have a clear understanding of what your financial commitments are avoid misunderstandings regarding your rights and responsibilities as you continue to live together, in particular with regards to ownership of property avoid difficulties and disagreements if you split up have clear evidence of your intentions should you have to go to court

Who does a Cohabitation Agreement protect?

It can protect either or both of you in the event of a relationship breakdown. It can operate in a similar way to a prenuptial agreement by making it clear how the pre-owned assets of one partner are to be shared with the other if you should break up in the future or if the property is owned in the sole name of one party and another party moves in. It can make it clear for both partners that contributions towards utility bills by one partner may not entitle them to a share of the property itself if you should break up.

Can a cohabitation agreement be amended? 

A cohabitation agreement is a legal document, enforceable by the court if it is properly executed and providing you have both been honest about your finances and each obtained separate legal advice upon its terms.

What happens to a cohabitation agreement if one of us dies?

If you’re worried about what will happen if you or your partner dies while you are cohabiting, it’s important that you outline your wishes in your cohabitation agreement and also seek advice about a will.

APPLY ONLINE COHABITATION AGREEMENT 

Get Started. Drafted cohabitation agreement drafted and notarised by a Notary Public. R1500 All-Inclusive Fee.

Please complete the form as thoroughly as possible. Do not hesitate to contact with us should you have any questions. 



F.A.Q - Cohabitation

If you live with your partner, or you are planning on living together (whether as a heterosexual or same sex couple), you can enter into a cohabitation agreement also called a life partnership agreement. This can set out the ownership of existing assets (including property), what your financial responsibilities will be towards each other and how savings and jointly owned assets will be distributed should you later split up. In South-Africa it is also commonly used as part of a spousal visa application.

More couples now choose to live together before they get married, enter a civil partnership, or choose never to have their relationship legally recognised at all (by marriage or civil partnership). However, cohabiting does not entitle you to the same legal rights as marriage as it does not bind you together in the eyes of the law. For couples who are living together or have shared assets, this can lead to issues and uncertainties upon separation.
The cohabitation agreement sets out who owns what and in what proportion in the relationship and covers elements such as the following:
  • Ownership of property
  • Deposit on your home
  • What share of the mortgage or rent you will pay
  • How household bills will be dealt with
  • Bank accounts and money
  • Life insurance
  • Pensions
  • Assets such as cars, furniture, other property, jewellery
  • Payment of debts
  • Pets
  • Next of kin rights
  • Pension access, property title deeds and wills should also be considered.

Although each cohabitation agreement is different and depends on your individual circumstances, there are a few key elements you should think about before seeking advice from a attoney:
  • Property owned before moving in together—if one partner owns property, a cohabitation agreement can agree for this to be kept separate and prevent the other partner from having a claim over it. However, if the partner who does not own the property makes contributions to the mortgage or carries out renovation work, they could have a claim to the property in the future, so this is something to look out for.
  • Property bought while living together—if you buy a property while living with your partner and only one of you is named on the agreement, this will need to be addressed in the same way as above. If you are named as joint owners, you are both legally entitled to stay in the property if you should break up. You will need to think about what will happen to the jointly owned property upon separation – for example will it be sold?
  • Household bills—if you and your partner are not joint owners of your home, or one of you contributes more than the other, one of you could agree to contribute to the mortgage but acknowledge that this will not give that person any claim over the property.
  • Inheritance and wills—it’s important to remember that if you are not married or in a civil partnership, you will not automatically inherit each other’s estates if one of you dies. If you want to leave anything to your partner, you will need to draw up a will and keep it up to date.
  • Independent legal advice—when drawing up a cohabitation agreement, you will both need to seek independent legal advice to ensure that it’s binding and there is no doubt as to what you are both agreeing to. By doing this, the court is much more likely to take notice of your agreement and put it into effect if you were to break up. There should also be disclosure of your financial situations. The document should be executed as a deed.


Many couples are under the assumption that, if they are living together but unmarried or not in a civil partnership, then ‘common law marriage’ protects them in the same way as married couples.

However, no such law exists. Couples who live together do not have the same legal rights as married couples or those in a civil partnership, so this assumption is a myth.

A cohabitation agreement can provide peace of mind in your relationship. By coming to an agreement before or whilst you are living together, you will:
  • have a clear understanding of what your financial commitments are to avoid misunderstandings regarding your rights and responsibilities as you continue to live together, with regards to ownership of property
  • avoid difficulties and disagreements if you split up
  • have unambiguous evidence of your intentions should you have to go to court

It protects both of you in the event of a relationship breakdown. It can operate in an equivalent way to a prenuptial agreement by making it clear how the pre-owned assets of one partner are to be shared with the other if you should break up in the future or if the property is owned in the sole name of one party and another party moves in. It can make it clear for both partners that contributions towards utility bills by one partner may not entitle them to a share of the property itself if you should break up.

As cohabitees, if you own property jointly, the starting point is that it is divided 50/50 on separation as joint tenants, even when one partner contributed much more to its purchase, unless you make a written agreement to declare different shares,percentages.  T

To make sure that your joint intentions on setting up home together are enforceable and will provide the protection you each seek, a cohabitation agreement is vital.
A cohabitation agreement is a legal document, enforceable by the court if it is properly executed. 

Our experienced attorney/notary public is an expert in this field and have helped hundreds of couples with the drafting and notarisation of a cohabitation contract. We o draw up a cohabitation / life partnership agreement that are tailored to your own individual needs. To get started simply apply online using the form on this website. 

Yes. If the parties want to have the contract to be binding to third parties e.g. work benefits or a spousal visa.

For your cohabitation agreement to be valid, the following conditions must apply:
  • You should both enter into the agreement freely and voluntarily
  • The agreement should be set out in the form of a written contract 
  • Each of you must sign the document
  • You must keep the agreement up to date with any major life changes
  • Must be signed before a Notary Public and a Protocol Number must be allocated for the cohabitation contract to be binding on third parties. 
We charge all-inclusive fee of R1200 for the drafting and notarial attesting of an antenuptial contract. We have already assisted hundreds of couples using our easy online application process. 
Whilst you can access templates online, the agreement should ideally be drawn up by an experienced notary and be specific to your needs. a template may miss something out. Online templates are usually extremely basic and not up to date. Further the contract needs to be signed before a Notary Public who will attest to your identity and signatures to have any benefit or legal recognition from third parties like spousal visa applications and medical and pension benefits. 
Yes, a cohabitation agreement can be modified once it’s been created. It is advised that you keep it updated as your relationship changes or if anything significant happens in your relationship. Key reasons may include the following:
  • The birth of children
  • One of you becomes seriously ill
  • One of you becomes disabled
  • One of you is made redundant
  • Your financial circumstances change significantly
  • One of you receives a large inheritance
You plan to get married or entering a civil partnership.

Changes must also be signed before a Notary Public to be recognised by third parties. 
The parties can sign a deed of cancelation. A notarial cohabitation life partnership agreement must be cancelled before a Notary Public. 
As the law in South-Africa currently stands, the only way to achieve the legal rights of a married couple is to get married or enter a civil partnership. This is not changed even if you have lived together for an extended period, have children, or have bought a house together.

Without marriage or a civil partnership, you have no claim for maintenance for yourself (you do for children), no claim against any assets in the other party’s sole name and no entitlement to property or pension or medical benefits.

In an exceedingly small percentage of vases our law will recognise a so-called "universal partnership". This will involve substantial costs and civil litigation to prove the existence of and the result will by no means be guaranteed.

Important Take Away!

If you cohabit rather than getting married or entering a civil partnership and do not have a cohabitation agreement, you have:
  • no automatic rights to your partner’s property in the event of their death and no automatic entitlement to inherit their estate, even if you have children
  • no tax reliefs or exemptions that spouses and civil partners may enjoy, including pensions
Outside a marriage or civil partnership, the law does not recognise a relationship in any meaningful way. This means that if the relationship breaks down, there is extraordinarily little protection for the weaker partner.

If married couples divorce or there is a dissolution of a civil partnership, both partners have a legal right to maintenance and their share of assets. If you are cohabiting, you do not have any of these rights, regardless of how long you have been together and whether you have children.

Currently, the only way for cohabiting couples to gain legal protection in the event of a break-up is to be married, in a civil partnership or signatories of a cohabitation agreement.

Under South-African, cohabiting couples do not have the same legal rights as married couples or those in a civil partnership.

A cohabitation agreement can grant cohabiting couples legal protection, allowing them to legally define and protect their share of the property should they decide to end the relationship.
If you and your partner are living together with no intention of getting married or entering a civil partnership soon, this is the time when you might typically enter into a cohabitation agreement.

However, if you are planning to do either soon or engaged or actively planning your wedding or civil partnership, you would enter a antenuptial contract / agreement.

Note that you should enter an antenuptial contract before getting married and there are specific timeframes for the registration of a prenuptial agreement. Therefore, you should start the process sooner rather than later.

Both agreements are available to unmarried couples or those not in a civil partnership but there are a few key differences.

  • A cohabitation agreement tends to be more flexible and decides on what happens to your assets if the relationship breaks down, including who owns what and in what proportion, making it clear how all property should be dealt with.
  • A prenuptial, or pre-civil partnership agreement, is entered into before a marriage or civil partnership takes place and you must be planning it and know when it is going to take place. This agreement decides on your applicable matrimonial property regime and what will happen to your finances if the marriage was to break down. An antenuptial contract also protects you against the business risks and creditors of your spouse. 
If you’re worried about what will happen if you or your partner dies while you are cohabiting, it’s important that you outline your wishes in your cohabitation agreement and also ensure that both parties have a valid will that reflects their wishes regarding assets.

Making a will
If you are intending to cohabit as an unmarried couple or a couple not in a civil partnership, it is essential that you each make a will if you want your partner to inherit your estate if you die.


What are the requirements for a life partner permit 

What requirements are there for a life partner permit?

Firstly and most importantly the relationship does need to mirror that of a marriage. What we mean by this is that there is a requirement for life partners to clearly demonstrate they are in a relationship where there is shared ongoing commitment and support. both emotionally and financially. to one another. This requirement for a life partner permit is met by the provision of such things as:
  • Shared expenses such as bills.
  • Proof of living at the same address.
  • Joint bank accounts.
  • Interviews of the life partner and South African.
  • Letters of support and acknowledgement of the relationship.
Top 5 need to knows:
  • The requirements as laid down by the Department of Home Affairs do not specify any minimum periods of time that the life partner relationship must have existed for.
  • The same requirements are in place for both same sex and hetro-sexual couples.
  • There are no age limits to obtaining a life partner permit.
  • Whilst a life partner permit does not enable you to work, run a business or study a simple endorsement to the permit facilitates this. You can read more on the requirements for endorsing a life partner permit here.
  • Submission of your application should wherever possible take place in your home country and please note the criteria may alter according to the local Home Affairs representative office.

About Louwrens Koen Attorneys 

About Louwrens Koen Attorneys  image
Louwrens Koen Attorneys, Conveyancers and Notaries is a dynamic law firm, which believes that all clients must enjoy quality and cost-effective service using electronic media technology. We have a modern outlook on life and have modern solutions for today's problems and needs without compromising on traditional values.

Louwrens Koen was admitted as an Attorney in 1995 after completing his BLC LLB degrees from the University of Pretoria. He is also an admitted Conveyancer, Notary Public and University Guest Lecturer. Louwrens Koen was admitted as an Attorney in 1995 after completing his BLC LLB degrees from the University of Pretoria. He is also an admitted Conveyancer and Notary Public and is the author of hundreds of law related articles.

The firm runs a highly active notarial practice, which includes, the registration of hundreds of antenuptial contracts every year. We pride ourselves on being deeply passionate about our work and the fact that we are very approachable.

We believe that all clients must enjoy the quality and cost-effective services. We have a modern outlook on life and have modern solutions for today's problems and needs without compromising on traditional values.

Contact Louwrens Koen Attorneys

Team Louwrens Koen Attorneys

Contact cohabitation division - louwrens koen attorneys 

  • Louwrens Koen Attorneys 416 Kirkness Street, Arcadia, Pretoria, South Africa

COHABITATION IN SOUTH AFRICA

Legal status of Cohabitation or Living together in South Africa explained.

Cohabitation is a living arrangement where two individuals are in a romantic or sexual relationship but are not married. Unlike marriage or civil union, cohabitation does not provide the same rights and obligations to the partners. In South Africa, cohabitation is not recognised as a valid common-law marriage, regardless of how long the couple has lived together. 

The lack of legal recognition for cohabitation leaves cohabitants without protection under laws like the Intestate Succession Act, 81 of 1987 or the Maintenance of Surviving Spouses Act, 27 of 1990. There is also no legal obligation for cohabitants to provide for each other. This means cohabitants are not on equal footing with married or civil union partners. However, some legislation recognises cohabitation as equivalent to marriage or civil union, including the Domestic Violence Act, 116 of 1998, Medical Schemes Act, 131 of 1998, Income Tax Act, 58 of 1962, and Estate Duty Act, 45 of 1955. Cohabitants can also name each other as beneficiaries in a life insurance policy. 

Whether married or unmarried, parents have the same obligation to maintain their children, and custody decisions are based on the child's best interests. Cohabitants are advised to enter cohabitation contracts, similar to antenuptial contracts, which regulate the responsibilities of each partner and the consequences of terminating the relationship. The contents of a cohabitation contract depend on the parties' needs and can include any legal provisions that are not against public policy. 

If there is no cohabitation contract or valid will, it is difficult for either party to claim maintenance during or after the termination of the relationship. However, a universal partnership may sometimes provide some legal protection if both parties have contributed to the partnership. In the event of one partner's death, cohabitants have no right to intestate succession, regardless of the length of the relationship. If a valid will does not name the surviving partner as a beneficiary, they must prove their contribution to the joint estate to receive any entitlement.

Does Cohabitation Equate to common law marriage?

Does Cohabitation Equate to common law marriage? image
Cohabitation is the act of two people, regardless of gender, living together without being married. They choose to live together as partners without a legal marriage.
In South Africa, there is no legal recognition of cohabitation. This means that there are no specific laws to regulate the relationship between unmarried couples who choose to live together. On the other hand, marriage is a legally recognised relationship, and specific laws exist to protect the individuals in the marriage.

It is commonly believed that if an unmarried couple lives together for a long time, they are in a "common-law marriage" and have the same rights as legally married couples. However, this is not true. Common-law marriage does not exist in South Africa, and unmarried couples who live together do not have the same legal rights and protections as those who are legally married.

Is Cohabitation recognised legally without a contract? 

In South African law, cohabitation is not a legally recognised relationship. Despite the common misconception that cohabiting for a certain period leads to a "common-law marriage," no legal concept or implication is associated with this idea. Although cohabiting partners have some rights and recourse, enforcing them can be difficult due to the lack of legislation or case law specifically addressing cohabitation relationships. 

Several issues may arise from cohabitation, including questions about property rights, estate inheritance, maintenance claims, and applicable ancillary legislation. Due to the limited statutory regulation of cohabitation, alternative mechanisms have been implemented to address some of these issues. This underscores the challenges those in cohabitation relationships face in South African law.

THINGS TO CONSIDER BEFORE ENTERING INTO A COHABITATION CONTRACT 

Consider the following practical issues when entering into a cohabitation agreement:

THINGS TO CONSIDER BEFORE ENTERING INTO A COHABITATION CONTRACT  image

  • South African banks do not allow joint accounts for cohabitants, and the partner in whose name the account is opened will be liable for any monies owed to the bank.
  • The Medical Schemes Act recognizes a 'partner' as a dependent.
  • Cohabitants are treated as spouses for tax purposes and may be named as beneficiaries in life insurance policies, but the nomination must be clear.
  • Decisions regarding care and contact of children are based on the best interests of the child and not on the marital status of the parents.
  • A domestic partner may receive pension fund benefits as a nominee, but will not be entitled to their partner's pension interest on termination of the relationship.
  • In the absence of a cohabitation agreement or universal partnership, private property acquired before the relationship belongs to the partner who originally acquired it, and cohabitation does not automatically give rise to property rights.
  • If a property is co-owned and registered in both cohabitants' names, they are joint legal owners and both liable for expenses and losses associated with the property.
  • If cohabitants enter into a joint lease, they are jointly liable for rent.
  • There is no right of intestate succession between domestic partners, even if they have lived together for a long time. The surviving partner will need to prove their contribution to the joint estate before entitlement is granted.