Frequently Asked Questions
Everything you need to know about cohabitation agreements in South Africa.
General Questions
What is a cohabitation agreement?
A cohabitation agreement is a legally binding contract between two people who live together in a committed relationship without being married. It sets out each partner’s rights and obligations regarding property, finances, and what happens if the relationship ends or one partner dies.
Is a cohabitation agreement legally binding in South Africa?
Yes. A cohabitation agreement is a valid and enforceable contract under South African law. When it is signed before a Notary Public and issued with a Protocol Number, it carries significant evidentiary weight and is binding on both parties.
Is there a law that specifically governs cohabitation agreements?
No. Unlike marriage (which is governed by the Matrimonial Property Act), there is no specific legislation regulating cohabitation in South Africa. Cohabitation agreements are governed by general contract law — which is why having a properly drafted, notarised agreement is so important.
Does living together for a certain number of years give me any rights?
No. There is no “common-law marriage” in South Africa. No matter how long you live together, you do not automatically acquire any legal rights against your partner. The Constitutional Court confirmed this in Volks NO v Robinson (2005).
What is the difference between a cohabitation agreement and a prenuptial contract?
A cohabitation agreement is for unmarried couples living together. It is a contractual arrangement between partners. A prenuptial (antenuptial) contract is for couples planning to marry and regulates the matrimonial property regime. It must be registered at the Deeds Office. If you are planning to marry, visit marriagecontract.co.za.
Can same-sex couples get a cohabitation agreement?
Yes. Cohabitation agreements are available to all couples — same-sex and opposite-sex. The requirements, process, and fees are identical.
Cost and Process
How much does a cohabitation agreement cost?
Our fee is R1,700 all-inclusive. This covers consultation, drafting, legal explanation, notarial attestation, certified copies, and filing. There are no hidden fees.
How long does the process take?
From application to signed agreement, the process typically takes less than a week. Drafting takes 2–3 business days after we receive your completed application. The signing appointment takes 30–45 minutes.
Do both partners need to be present?
Yes. Both partners must appear in person before the Notary Public at our Pretoria office. The notary must verify both parties’ identities and ensure both understand and consent to the terms. This is a legal requirement and cannot be waived.
What documents do I need to bring?
- South African citizens: Original SA ID document (green barcoded ID book or smart ID card)
- Foreign nationals: Valid passport
- If previously married: Divorce decree or death certificate of former spouse
Where is your office?
Office 4, Second Floor, Northern Pavilion, 416 Kirkness Street, Arcadia, Pretoria 0007. We are open Monday to Friday, 08:00–16:00.
Can you come to us or do this remotely?
The standard process requires both partners to attend our Pretoria office for the notarial signing. If you are outside Pretoria and cannot travel, please contact us to discuss your situation.
What the Agreement Covers
What does the agreement typically include?
- A record of each partner’s pre-relationship assets
- How property acquired during the relationship is owned
- How household expenses are shared
- Provisions for financial support
- What happens to assets and property if you separate
- Provisions relating to death (complementing your wills)
- Dispute resolution mechanisms
Does the agreement cover our children?
Parental responsibilities and rights are governed by the Children’s Act 38 of 2005, regardless of whether parents are married. A cohabitation agreement can address financial contributions toward children and living arrangements, but it cannot override the Children’s Act.
Will my partner inherit from me if we have a cohabitation agreement?
Not automatically. A cohabitation agreement does not create inheritance rights. If you want your partner to inherit from you, you must have a valid will that names your partner as a beneficiary. We strongly recommend that both partners have up-to-date wills.
Can we customise the agreement?
Yes. Every agreement we draft is tailored to your specific circumstances. We do not use generic templates. If you have particular concerns — protecting a business, dealing with property in different countries, or addressing specific financial arrangements — we accommodate that.
Changes and Cancellation
Can we change the agreement later?
Yes. If your circumstances change — new property, children, change in income, retirement — you can have the agreement amended. An addendum or amended agreement is prepared and signed before a Notary Public. We recommend reviewing your agreement whenever a significant life event occurs.
Can we cancel the agreement?
Yes. A cohabitation agreement can be cancelled by mutual consent through a deed of cancellation signed before a Notary Public.
What happens if we get married?
If you decide to marry, the cohabitation agreement does not automatically fall away — but you should have a prenuptial (antenuptial) contract drafted before your wedding, which will govern your matrimonial property regime. We can assist with that as well. Visit marriagecontract.co.za.
What happens if we separate?
The terms of your cohabitation agreement govern what happens on separation — how assets are divided, whether any financial support continues, and who keeps shared property. This is one of the primary reasons for having an agreement in the first place.
Life Partner Visa
Do I need a cohabitation agreement for a life partner visa?
Yes. The Department of Home Affairs requires a notarial cohabitation agreement as part of a life partner visa application under Section 11(6) of the Immigration Act. A private or unnotarised agreement will not be accepted.
Do you handle the visa application?
No. We draft and notarise the cohabitation agreement. The visa application itself must be submitted to the Department of Home Affairs, either directly or through an immigration practitioner. See our Life Partner Visa page for full details.
Does the life partner visa apply to same-sex couples?
Yes. The life partner visa under Section 11(6) applies equally to same-sex and opposite-sex couples.
Still Have Questions?
Contact us directly — we’re happy to help.
Phone: 087 001 0733 | 073 686 9078
Email: admin@louwrens-koen.co.za