Cohabitation Agreement Template for South Africa

A Cohabitation Agreement is a legal contract between unmarried partners who live together in South Africa. It spells out how they'll handle their finances, property, and responsibilities while sharing a home. Unlike marriage, which automatically provides certain legal protections, couples who live together need this agreement to secure their rights.

The agreement can cover everything from daily expenses and asset ownership to what happens if the relationship ends. Under South African common law, unmarried couples don't have automatic inheritance or property rights, making this document essential for protecting both partners' interests. Many couples sign it before moving in together, though it can be created at any time during cohabitation.

Get a Cohabitation Agreement before moving in with your partner or as soon as possible after starting to live together. This becomes especially important when you're buying property together, sharing financial responsibilities, or planning to build a life together without getting married. In South Africa, unmarried couples have limited legal protection without this agreement.

The agreement proves vital when partners contribute unequally to household expenses, when one person owns the home, or when mixing personal and joint assets. It's particularly crucial for business owners, professionals with substantial assets, or anyone who wants clarity about financial responsibilities and property rights during and after the relationship.

• Simple Cohabitation Agreement: Basic version covering essential living arrangements and financial responsibilities
• Cohabitation Agreement For Unmarried Partners: Comprehensive agreement addressing all aspects of living together, including assets and debts
• Cohabitation Property Agreement: Focuses specifically on property ownership, mortgage payments, and maintenance responsibilities
• Property Agreement For Unmarried Couples: Detailed property division and management terms for jointly owned real estate
• Cohabitation Agreement For Married Couples: Supplements marriage contracts with specific living arrangement terms

• Unmarried Partners: The primary parties who sign and are bound by the Cohabitation Agreement, outlining their rights and responsibilities while living together
• Legal Practitioners: Attorneys who draft and review agreements to ensure they're legally sound and protect both parties' interests
• Property Owners: Individuals who own the shared residence and need to specify terms of occupancy and cost-sharing
• Financial Advisors: Professionals who guide couples on financial aspects and asset protection within the agreement
• Witnesses: Independent parties required to verify the signing of the agreement, making it more legally robust

• Personal Details: Gather full legal names, IDs, and current addresses of both partners
• Asset Inventory: List all individual and joint assets, including property, vehicles, investments, and valuable items
• Financial Information: Document current incomes, debts, and monthly expenses for both parties
• Living Arrangements: Detail how household expenses will be shared and who's responsible for what
• Future Planning: Outline agreements about property acquisition, inheritance rights, and relationship dissolution terms
• Documentation: Collect proof of ownership for major assets and existing financial obligations
• Witness Details: Arrange for two independent witnesses to be present at signing

• Identity Details: Full legal names, ID numbers, and current addresses of both partners
• Property Rights: Clear terms about ownership, division, and management of joint and separate property
• Financial Obligations: Detailed breakdown of expense sharing, debt responsibilities, and financial contributions
• Living Arrangements: Specific terms about shared residence, maintenance, and household responsibilities
• Relationship Terms: Duration of agreement and conditions for modification or termination
• Dispute Resolution: Process for handling disagreements and chosen jurisdiction
• Witness Section: Space for signatures of both partners and two independent witnesses
• Declaration: Statement confirming both parties enter the agreement freely and understand its terms

A Cohabitation Agreement differs significantly from an Asset Purchase Agreement in several key ways, though both deal with property rights. While people sometimes confuse these documents when dealing with shared property arrangements, they serve distinct legal purposes in South Africa.

• Primary Purpose: Cohabitation Agreements govern ongoing living arrangements between partners, while Asset Purchase Agreements handle one-time property transfers between buyers and sellers
• Duration: Cohabitation Agreements remain active throughout the relationship, whereas Asset Purchase Agreements conclude once the transaction is complete
• Relationship Context: Cohabitation Agreements assume an intimate partnership and shared living space, while Asset Purchase Agreements are purely transactional between any parties
• Property Scope: Cohabitation Agreements cover both current and future assets, shared expenses, and living arrangements, while Asset Purchase Agreements focus solely on transferring specific assets