In a spousal relationship, it is a requirement to conclude a notarial contract between you and your partner.
This allows for the relationship to be legally sanctioned in the country, and is an alternative to a marriage or a customary union.
It is common practice South African citizens or permanent residence holders who are in a relationship with a foreign partner to enter into a notarial cohabitation contract.
This contract sets out the rights and privileges of each party to the relationship, after which, the agreement is notarised by a notary. This agreement needs to then be signed by both parties in the presence of the Notary Public.
Once signed, the couple are issued a notarial certificate. As there are two original duplicates of the contract, this allows for the second original to be kept in the protocol of the Notary.
This second original document is then given a protocol number.
There is no standard format for this notarial contract and each one will be unique according to the parties particular requirements and circumstances.
Contact us for all your notarial requirements and expert legal advice.
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