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Notarising A Cohabitation Agreement

Definition: A Life Partnership Agreement, also known as a cohabitation agreement or a domestic partnership agreement, is a contract between two people regulating their rights and duties towards each other. It can define property rights and even obligations regarding maintenance of children. 

A life partnership is similar to the characteristics of marriage and refers to living together outside of marriage. We provide legal advice on all the different facets of life partnership agreements. We also see to the drafting and execution of such agreements. 

Depending on the type of legal application you are making, the Life Partnership Agreement can be a requirement. 

This could include applying for a spousal visa in South Africa if you are in a Life Partnership agreement, or trying to prove the existence of a cohabitation arrangement in order to obtain a housing agreement from a Government organisation. 

What does Cohabitation Agreement entail?

It is necessary to enter into Cohabitation Agreement with a prospective life partner, and this agreement should deal with the following matters:

  • A description of the parties involved
  • The residential address of the parties
  • As is discussed in an antenuptial contract, this agreement should explain what happens to the assets and liabilities of both parties.
  • Whether the home will be jointly or solely owned.
  • If jointly owned, then the amount of each spouses share in this joint ownership needs to be stated in the title agreement. Reference to this division of shares can also be made in the contract.
  • In the case of the home being a leased property, it should state in the contract agreement what the procedure is regarding the leaving of the property after the relationship has ended.
  • The steps to take for the dividing of household goods must be included.  A document that lists the private property owned at the start of relationship, or obtained during it, may be attached, so as to exclude said property from the division.
  • Management of all finances throughout the partnership.
  • Issues that could arise regarding children and support.
  • This agreement should also deal with the maintenance arrangements. 

Both parties are required to appear before the Notary, or else, to grant us with a Power of Attorney to authorise one of our attorneys to appear before the Notary on their behalf. 

For the purpose of FICA, an authorized copy of the parties ID documentation and Proof of Address is required.

Van Deventer & Van Deventer Incorporated - Attorneys & Notaries Cape Town & Johannesburg

Contact us for all your notarial requirements and expert legal advice about cohabitation agreements.