Notary Services Cape Town
We draft cohabitation agreements which give structure and certainty to the legal relationship between unmarried couples who are living together in a life partnership.
Notary Services Cape Town, a dedicated notarial division of Hannes Gouws & Partners Inc., drafts, explains and notarises cohabitation agreements for couples living together in a life partnership across Cape Town and South Africa.
Overview
A cohabitation agreement, also known as a life partnership agreement, is a legal contract entered into by unmarried couples who are living together or planning to live together in a life partnership. It regulates the financial and proprietary consequences of the relationship and provides both parties with a clear framework governing their rights and obligations towards each other.
A cohabitation agreement is drafted specifically to the needs and circumstances of the parties. It is not a standard template document and should always be prepared by an experienced notary who can ensure that it accurately reflects the intentions of both parties and is legally enforceable.
Book a consultationWhat the agreement can cover
Common Misconception
No — and this is one of the most common myths about cohabitation in South Africa.
Cohabitation does not create any automatic legal rights or duties between parties, regardless of the duration of the relationship. South Africa does not recognise common-law marriages. No matter how long two people have lived together, neither party automatically acquires rights to the other's estate, property or assets simply by virtue of having cohabited.
This is precisely why a cohabitation agreement is so important. Without one, either party may find themselves in a very difficult legal position should the relationship end, whether through separation or the death of a partner.
Importance
There are several important reasons why couples who are living together in a life partnership should consider entering into a cohabitation agreement.
Without a cohabitation agreement in place, there is no legal framework governing the ownership of assets, the division of property or the financial obligations between the parties. A cohabitation agreement clearly records who owns what, how jointly acquired assets will be dealt with and what each party's financial responsibilities are during and after the relationship.
Uncertainty exists whether an automatic right to maintenance from a deceased partner's estate exists for a surviving life partner. A cohabitation agreement should make express provision for maintenance arrangements, both during the relationship and upon its termination, making any future claim significantly more straightforward.
A notarised cohabitation agreement is a recognised legal requirement for certain visa and immigration applications at the Department of Home Affairs, including applications for a spousal visa where one partner is a foreign national. A notarised life partnership agreement serves as formal proof of the existence of a permanent relationship.
Many medical aid schemes and employer benefit structures require proof of a permanent life partnership before an unmarried partner can be registered as a dependent or beneficiary. A notarised cohabitation agreement is widely accepted as the required proof, allowing partners to access the same benefits as married spouses.
A cohabitation agreement is particularly important for same-sex couples, especially where the relationship may need to be recognised in a foreign country where civil unions or same-sex marriages are not yet legally recognised. A notarised life partnership agreement can assist in proving the existence of the relationship for legal or administrative purposes internationally.
Notarisation
For certain purposes — like spousal visas — yes. For a cohabitation agreement to be recognised for purposes such as spousal visa applications, medical aid registrations and employee benefits, it must be signed before an admitted and practising Notary Public.
The Notary Public will attest to the identity and signatures of both parties. The agreement is signed in duplicate and the Notary Public's stamp or seal is affixed to the last page. A protocol number is allocated and recorded in the Notary Public's protocol register. The second original is retained in the Notary Public's safekeeping.
A cohabitation agreement that has not been notarised may still be enforceable between the parties as a contract, but it will not be recognised by third parties such as government departments, employers or medical aid schemes.
A cohabitation agreement cannot be registered in a deeds office as a result of the provisions of section 86 of the Deeds Registries Act, 47 of 1937.
The Notarisation Process
Both partners appear before the Notary Public to verify identity and sign the agreement.
Two original agreements are signed — one for each party.
The Notary Public's stamp or seal is applied to the last page of each original.
A unique protocol number is recorded in the Notary's official register.
The second original is retained in the Notary Public's secure archives.
Coverage
A cohabitation agreement should be tailored to the specific needs and circumstances of the parties. Common provisions include the following:
The ownership of assets each party brings into the relationship and how these will be treated during and after the relationship is terminated.
The ownership and division of jointly acquired assets, including immovable property, vehicles and investments.
Financial responsibilities during the life partnership, including contributions to household expenses, bond repayments and other shared costs.
Arrangements regarding maintenance or support obligations upon termination of the life partnership.
Provisions relating to children of the relationship, where applicable.
The consequences of the death of either party, including any support obligations towards the surviving partner.
Arrangements regarding the termination of the agreement, including notice periods and cancellation procedures.
Amendments & Cancellations
Yes. A cohabitation agreement can be amended or cancelled should the circumstances of the parties change. Any amendment to a cohabitation agreement should be signed before a Notary Public in order to be recognised by third parties where required. Where the parties wish to cancel the agreement entirely, a deed of cancellation should be signed before a Notary Public.
Common reasons to amend
Why Choose Us
At Notary Services Cape Town, we understand that every relationship is unique. We take the time to understand your specific circumstances and ensure that your cohabitation agreement accurately reflects your intentions and provides both parties with legal protection.
We are backed by the full resources and expertise of Hannes Gouws & Partners Inc., a firm with over 35 years of legal experience and offices in Cape Town, Pretoria and Johannesburg — rated number one in Lawyers, Attorneys and Legal Services on HelloPeter.
Our Notaries Public draft, explain and notarise cohabitation agreements efficiently and professionally, ensuring that both parties fully understand the agreement before signing.
Our Cape Town office is centrally located in the CBD at Suite 12003, 12th Floor, One Thibault, corner of Hans Strijdom Avenue and Long Street, making us accessible for consultations and signings throughout the week and on Saturday mornings.
Share your documents, timeline and questions, and our notarial team will guide you through the next steps.
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WhatsApp UsCape Town Office
021 100 6177Notary Email
capenotary@hannesgouws.co.zaOffice Address
Suite 12003, 12th Floor, One Thibault, cnr Long Street & Hans Strijdom Avenue, Cape Town
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