Co-habitation Agreements

Life partners who are merely living together, do not have the same rights, as those life partners who are married. It is therefore recommended that life partners who are not married, enter into a cohabitation agreement. This will prevent expensive litigation about assets or other rights and duties, should the life partnership or the vat-en-sit arrangement, come to an end.

A co-habitation agreement in South Africa is a legally binding contract that outlines the rights and responsibilities of unmarried couples who live together. Here are some useful provisions that can be included in a co-habitation agreement in South Africa:

1. Definition of the relationship: The agreement should clearly define the nature of the relationship between the parties, such as whether they are cohabiting as partners, friends or roommates.
2. Division of household expenses: The agreement should set out how the parties will share the costs of household expenses, such as rent, utilities, groceries, and other living expenses.
3. Ownership of property: The agreement should clarify the ownership of assets, such as cars, furniture, and other personal belongings, and how they will be divided in the event of a breakup.
4. Responsibilities for children and dependents: If there are children or dependents involved, the agreement should specify the responsibilities of each party towards them, including custody and maintenance.
5. Termination of the relationship: The agreement should provide for the termination of the relationship and the consequences of a breakup, such as the division of property and financial arrangements.
6. Dispute resolution: The agreement should outline the process for resolving any disputes that may arise, such as mediation or arbitration.
7. Confidentiality: The agreement should include a confidentiality clause to protect the privacy of the parties.

These are just a few examples of provisions that can be included in a co-habitation agreement.

Please also remember that the Department of Home Affairs only accepts and recognises a cohabitation or life partnership agreement that is certified by a notary.

It is advisable to consult with legal professionals such as Julies Attorneys’ family lawyers in Johannesburg and Cape Town to draft a comprehensive and legally binding agreement that meets the specific needs and circumstances of the parties involved.