Drafted and Notarised by a Practising Notary Public in Pretoria

Notarial Cohabitation Agreement — R1 700 All-Inc

Need a notarial cohabitation / life partnership agreement for a spousal visa, life partner permit, or to protect your relationship? We draft, explain, attest, and notarially certify your agreement — all under one roof. No middlemen. No referrals.

Cohabitation Agreements for Life Partner Visa Applications

If you are a South African citizen or permanent resident in a permanent relationship with a foreign national partner, a notarial cohabitation agreement is a key requirement when applying for a Life Partner Visa under Section 11(6) of the Immigration Act 13 of 2002.The Department of Home Affairs requires proof that your relationship is genuine, permanent, and exclusive. A notarial cohabitation agreement — drafted and certified by a Notary Public — serves as formal evidence of your committed life partnership. It is recognised in terms of section 1(1)(xxxvi) of the Immigration Act as a requirement for the legal sanction of a permanent conjugal relationship within the Republic, other than a marriage or customary union.

What the Department of Home Affairs Generally Requires

A notarial agreement confirming the intention of a permanent, exclusive life partnership, signed by both partners before a Notary Public. In addition to the notarial agreement, you will generally need to submit:

  • Proof of at least two years of exclusive cohabitation (joint lease agreements, utility bills, or correspondence addressed to both partners at the same address)
  • Proof of shared financial responsibilities (joint bank account, shared expenses)
  • Affidavits from both partners confirming the nature, duration, and exclusivity of the relationship
  • Letters of support from family or friends acknowledging the relationship
  • Valid passport and ID documents
  • Medical and radiological reports
  • Police clearance certificates from all countries where the applicant has resided for 12 months or more in the past five years

Good to know: The Life Partner Visa applies equally to same-sex and opposite-sex couples. Once issued, it can be endorsed to allow the foreign partner to work, study, or conduct business in South Africa. After five years of proven cohabitation, the foreign partner may apply for permanent residence under Section 26(b) of the Immigration Act.

How It Works — 4 Simple Steps

Turnaround: Once we have all your information, the draft agreement is typically ready for review within 2–3 business days. The signing appointment can usually be scheduled within a week of finalising the draft.

01

Apply Online

Complete the online application form on this website. Provide details of both partners, the nature of your relationship, and any specific requirements.

02

We Draft Your Agreement

Our Notary Public drafts a comprehensive cohabitation / life partnership agreement tailored to your circumstances, covering the rights, responsibilities, and obligations of both partners.

03

Both Partners Sign Before the Notary

Both parties appear in person at our offices in Pretoria. The Notary verifies identity, explains the legal consequences, and attests your signatures.

04

Notarial Certification & Protocol Number

The agreement is signed in triplicate. The Notary issues a notarial certification and allocates a unique Protocol Number — making the agreement binding on third parties including the Department of Home Affairs.

What's Included in Our R1 700 All-Inclusive Service

  • Consultation — We discuss your specific needs and circumstances
  • Drafting — A tailored cohabitation / life partnership agreement drafted by an experienced attorney and Notary Public
  • Explanation — We explain your rights, responsibilities, and the legal consequences of the agreement to both parties
  • Attestation — Both parties sign the agreement in the presence of the Notary Public
  • Notarial Certified Copies — Notarial true copies of the ID documents / passports of both parties
  • Notarial Binding & Protocol Number — The agreement is notarially bound and allocated a Protocol Number, making it binding on third parties
  • Duplicate Original — The second original is placed in the Protocol of the Notary for safekeeping

Why Must the Agreement Be Notarised?

A cohabitation agreement that is not signed before a Notary Public and does not have a Protocol Number is simply a private contract between two parties. It has no binding effect on third parties.For your cohabitation agreement to be recognised by the Department of Home Affairs for visa purposes, by medical schemes for dependant registration, or by pension funds for nominee benefits, it must be notarially executed and allocated a Protocol Number.This means it must be:

  • Drafted by or with the assistance of a qualified legal practitioner
  • Signed by both parties in the presence of a Notary Public
  • Attested by the Notary Public who verifies the identity and signatures of both parties
  • Allocated a Protocol Number and filed in the Notary's Protocol

Warning: Online templates and privately signed agreements do not meet these requirements and will not be accepted by the Department of Home Affairs or other institutions.

Ready to Get Started?
Apply online now. Drafted and notarised by a practising Notary Public. R1 700 all-inclusive.

What Is a Cohabitation / Life Partnership Agreement?

A cohabitation agreement — also called a life partnership agreement — is a legally binding contract between two people who live together (or intend to live together) in a committed relationship without being married. It sets out the rights, obligations, and arrangements between the partners, including:

  • Ownership of existing and future property
  • How household expenses and living costs will be shared
  • Financial responsibilities towards each other
  • What happens to jointly owned assets if the relationship ends
  • Arrangements regarding debts, vehicles, furniture, and other assets
  • Provisions in the event of death of either partner

In South Africa, cohabitation agreements are most commonly entered into for one of two reasons: to support a Life Partner Visa application at the Department of Home Affairs, or to provide legal protection and clarity for couples who live together without marriage.

Cohabitation and South African Law

There is no "common-law marriage" in South Africa. This is one of the most widespread legal misconceptions in the country. No matter how long you have lived together, cohabitation does not give you the same legal rights as marriage. You do not acquire spousal rights simply by living with your partner.Without a marriage, civil union, or cohabitation agreement:

  • You have no automatic right to your partner's property if the relationship ends
  • You have no right to maintenance from your partner
  • You have no right to inherit from your partner's estate if they die without a valid will naming you as a beneficiary
  • You have no claim to your partner's pension or medical aid benefits
  • You do not enjoy the tax benefits available to married couples

South African courts have, in limited circumstances, recognised a "universal partnership" between cohabiting partners. However, proving a universal partnership requires civil litigation, involves substantial legal costs, and success is by no means guaranteed.

The Practical Solution

Enter into a notarial cohabitation agreement that clearly sets out your respective rights and obligations. And ensure that both partners have valid wills reflecting their wishes.

Legislation That Recognises Cohabitation in Certain Contexts

While cohabitation is not generally regulated by statute, certain Acts do extend some recognition or benefits to life partners, including the Domestic Violence Act 116 of 1998, the Medical Schemes Act 131 of 1998, the Income Tax Act 58 of 1962, and the Estate Duty Act 45 of 1955.

F.A.Q - Cohabitation

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. 

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. 

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.

A cohabitation agreement is a legal document, enforceable by the court if it is properly executed. 
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.


Yes. Both parties must appear before the Notary Public at our offices in Pretoria to sign the agreement. The Notary must verify the identity and signatures of both parties. 
Both parties must bring their original identity documents. South African citizens must bring their SA ID. Foreign nationals must bring their valid passport. If either party has been previously married, a certified copy of the final decree of divorce must be provided.
No. An antenuptial contract is entered into before marriage and regulates the matrimonial property regime of the marriage. A cohabitation agreement is for couples who live together without being married. If you are planning to get married, you should enter into an antenuptial contract instead.
Yes. The Department of Home Affairs requires a notarial agreement confirming the permanent, exclusive life partnership as part of the Life Partner Visa application under Section 11(6) of the Immigration Act.
Absolutely. Cohabitation agreements are available to both same-sex and opposite-sex couples. The same requirements and legal consequences apply.
A cohabitation agreement does not give you the right to inherit from your partner's estate. Without a valid will naming you as a beneficiary, you have no right to intestate succession, regardless of how long you lived together. It is essential that both partners have valid wills in place.

About Louwrens Koen Attorneys

Louwrens Koen Attorneys, Conveyancers and Notaries Public is based in Arcadia, Pretoria. Louwrens Koen was admitted as an Attorney in 1995 after completing his BLC and LLB degrees at the University of Pretoria. He is also an admitted Conveyancer and Notary Public.The firm operates a highly active notarial practice and has assisted hundreds of couples with the drafting and notarisation of cohabitation and life partnership agreements. We pride ourselves on being approachable, efficient, and cost-effective.

Our advantage: Unlike immigration consultants or online services, your agreement is drafted and notarised by the same qualified Notary Public — from start to finish, under one roof. There are no referrals to third parties and no hidden costs.

F.A.Q - Cohabitation

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. 

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. 

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.

A cohabitation agreement is a legal document, enforceable by the court if it is properly executed. 
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.


Yes. Both parties must appear before the Notary Public at our offices in Pretoria to sign the agreement. The Notary must verify the identity and signatures of both parties. 
Both parties must bring their original identity documents. South African citizens must bring their SA ID. Foreign nationals must bring their valid passport. If either party has been previously married, a certified copy of the final decree of divorce must be provided.
No. An antenuptial contract is entered into before marriage and regulates the matrimonial property regime of the marriage. A cohabitation agreement is for couples who live together without being married. If you are planning to get married, you should enter into an antenuptial contract instead.
Yes. The Department of Home Affairs requires a notarial agreement confirming the permanent, exclusive life partnership as part of the Life Partner Visa application under Section 11(6) of the Immigration Act.
Absolutely. Cohabitation agreements are available to both same-sex and opposite-sex couples. The same requirements and legal consequences apply.
A cohabitation agreement does not give you the right to inherit from your partner's estate. Without a valid will naming you as a beneficiary, you have no right to intestate succession, regardless of how long you lived together. It is essential that both partners have valid wills in place.

What's Included in Our R1 700 All-Inclusive Service

  • Consultation — We discuss your specific needs and circumstances
  • Drafting — A tailored cohabitation / life partnership agreement drafted by an experienced attorney and Notary Public
  • Explanation — We explain your rights, responsibilities, and the legal consequences of the agreement to both parties
  • Attestation — Both parties sign the agreement in the presence of the Notary Public
  • Notarial Certified Copies — Notarial true copies of the ID documents / passports of both parties
  • Notarial Binding & Protocol Number — The agreement is notarially bound and allocated a Protocol Number, making it binding on third parties
  • Duplicate Original — The second original is placed in the Protocol of the Notary for safekeeping

About Louwrens Koen Attorneys

Louwrens Koen Attorneys, Conveyancers and Notaries Public is based in Arcadia, Pretoria. Louwrens Koen was admitted as an Attorney in 1995 after completing his BLC and LLB degrees at the University of Pretoria. He is also an admitted Conveyancer and Notary Public.The firm operates a highly active notarial practice and has assisted hundreds of couples with the drafting and notarisation of cohabitation and life partnership agreements. We pride ourselves on being approachable, efficient, and cost-effective.

Our advantage: Unlike immigration consultants or online services, your agreement is drafted and notarised by the same qualified Notary Public — from start to finish, under one roof. There are no referrals to third parties and no hidden costs.

Cohabitation Agreements for Life Partner Visa Applications

If you are a South African citizen or permanent resident in a permanent relationship with a foreign national partner, a notarial cohabitation agreement is a key requirement when applying for a Life Partner Visa under Section 11(6) of the Immigration Act 13 of 2002.The Department of Home Affairs requires proof that your relationship is genuine, permanent, and exclusive. A notarial cohabitation agreement — drafted and certified by a Notary Public — serves as formal evidence of your committed life partnership. It is recognised in terms of section 1(1)(xxxvi) of the Immigration Act as a requirement for the legal sanction of a permanent conjugal relationship within the Republic, other than a marriage or customary union.

What the Department of Home Affairs Generally Requires

A notarial agreement confirming the intention of a permanent, exclusive life partnership, signed by both partners before a Notary Public. In addition to the notarial agreement, you will generally need to submit:

  • Proof of at least two years of exclusive cohabitation (joint lease agreements, utility bills, or correspondence addressed to both partners at the same address)
  • Proof of shared financial responsibilities (joint bank account, shared expenses)
  • Affidavits from both partners confirming the nature, duration, and exclusivity of the relationship
  • Letters of support from family or friends acknowledging the relationship
  • Valid passport and ID documents
  • Medical and radiological reports
  • Police clearance certificates from all countries where the applicant has resided for 12 months or more in the past five years

Good to know: The Life Partner Visa applies equally to same-sex and opposite-sex couples. Once issued, it can be endorsed to allow the foreign partner to work, study, or conduct business in South Africa. After five years of proven cohabitation, the foreign partner may apply for permanent residence under Section 26(b) of the Immigration Act.