Co Habitation Agreement for South Africa

Co Habitation Agreement Template for South Africa

A legally binding document governed by South African law that establishes the rights, responsibilities, and financial arrangements between unmarried partners who choose to live together. The agreement covers various aspects including property ownership, financial obligations, living arrangements, and the division of assets in case of relationship termination. It provides legal protection in a jurisdiction where cohabiting partners don't have the same automatic legal rights as married couples, helping to prevent future disputes and establishing clear guidelines for the relationship's practical aspects.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Co Habitation Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Co Habitation Agreement?

The Co Habitation Agreement serves as a crucial legal instrument in South Africa for partners who choose to live together without entering into marriage or civil union. This document becomes particularly important in the South African legal context where cohabiting partners lack statutory protection compared to married couples. The agreement typically includes provisions for property division, financial responsibilities, living arrangements, and potential separation scenarios. It's especially relevant given South Africa's recognition of various forms of domestic partnerships and the need to protect both parties' interests in the absence of automatic legal rights. The Co Habitation Agreement should be drafted with consideration of current South African legislation and case law, particularly regarding property rights, maintenance obligations, and domestic partnership principles.

What sections should be included in a Co Habitation Agreement?

1. Parties: Details of the cohabiting partners including full names, identification numbers, and current addresses

2. Background: Brief context of the relationship, purpose of the agreement, and current living situation

3. Definitions: Definitions of key terms used throughout the agreement

4. Duration and Commencement: When the agreement takes effect and whether it has a fixed term or continues indefinitely

5. Living Arrangements: Details of shared residence, housing costs, and household responsibilities

6. Financial Arrangements: Division of expenses, joint accounts, individual financial responsibilities, and treatment of shared purchases

7. Property Rights: Ownership of property brought into and acquired during cohabitation, including real estate and personal property

8. Debts and Liabilities: Treatment of individual and joint debts, and allocation of financial responsibilities

9. Relationship Status: Clear statement that the agreement does not constitute marriage or civil partnership

10. Dispute Resolution: Process for resolving disagreements, including mediation requirements

11. Termination: Circumstances and process for ending the agreement and the cohabitation relationship

12. Division of Property Upon Separation: Process and principles for dividing shared assets and resolving financial matters upon separation

13. Governing Law: Confirmation that South African law governs the agreement

14. General Provisions: Standard contractual clauses including amendments, entire agreement, and severability

What sections are optional to include in a Co Habitation Agreement?

1. Children: Arrangements regarding existing or future children, including financial responsibilities and parenting arrangements

2. Pets: Ownership, care responsibilities, and arrangements for pets in case of separation

3. Business Interests: Treatment of shared business interests or businesses owned by either partner

4. Insurance: Requirements for life, health, or property insurance policies and beneficiary designations

5. Inheritance Rights: Specific provisions regarding inheritance and estate planning

6. Medical Decisions: Authority for medical decision-making in case of incapacity

7. Vehicle Arrangements: Ownership and usage rights for vehicles owned individually or jointly

8. Intellectual Property: Rights to intellectual property created during cohabitation

9. Religious or Cultural Practices: Agreements regarding observance of religious or cultural practices

10. Social Media and Privacy: Guidelines for social media posts and privacy expectations

What schedules should be included in a Co Habitation Agreement?

1. Schedule A - Personal Property Inventory: Detailed list of each partner's personal property brought into the cohabitation

2. Schedule B - Shared Property Inventory: List of jointly owned property and agreed-upon ownership percentages

3. Schedule C - Financial Disclosure: Current financial status of each partner including assets, liabilities, and income

4. Schedule D - Household Expenses: Breakdown of monthly household expenses and agreed contribution percentages

5. Schedule E - Debt Schedule: List of individual and joint debts with repayment responsibilities

6. Appendix 1 - Property Deeds and Titles: Copies of property ownership documents referenced in the agreement

7. Appendix 2 - Financial Accounts: Details of joint accounts and financial arrangements

8. Appendix 3 - Independent Legal Advice: Certificates confirming each party received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Real Estate

Financial Services

Insurance

Property Management

Family Services

Professional Services

Wealth Management

Social Services

Relevant Teams

Legal

Conveyancing

Family Law

Property Law

Document Processing

Client Relations

Advisory Services

Estate Planning

Real Estate

Social Services

Relevant Roles

Legal Counsel

Family Law Attorney

Property Lawyer

Estate Planning Attorney

Legal Assistant

Paralegal

Notary Public

Financial Advisor

Wealth Manager

Real Estate Agent

Property Manager

Social Worker

Family Counselor

Marriage Officer

Legal Document Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Common Agreement

A standard contractual framework under South African law that establishes fundamental terms and conditions for business relationships.

find out more

Bilateral Contract

A South African law-compliant bilateral contract establishing mutual obligations between two parties with enforceable terms and conditions.

find out more

Basic Ordering Agreement

A South African law-governed framework agreement establishing terms and conditions for future orders between parties.

find out more

Consignment Agreement Form

A South African legal document establishing terms for consignment sales arrangements, where goods ownership remains with the supplier until final sale.

find out more

Contract Agreement Form

A versatile Contract Agreement Form template compliant with South African law, suitable for various commercial relationships and business arrangements.

find out more

Written Agreement

A formal legal document governed by South African law that establishes contractual relationships between parties, defining their rights and obligations.

find out more

Side Agreement

A South African law-governed supplementary agreement that modifies or adds to an existing main agreement while maintaining its core structure.

find out more

Incorporation Agreement

A South African law-governed agreement establishing a new company's structure, governance, and shareholder relationships under the Companies Act 71 of 2008.

find out more

Formal Agreement

A legally binding agreement governed by South African law that formalizes relationships between parties, ensuring compliance with local legislation and establishing clear terms and obligations.

find out more

Casual Worker Contract

A South African-compliant casual worker employment contract establishing terms and conditions for temporary employment relationships.

find out more

Business Transfer Agreement

A South African law-governed agreement for the transfer of a business as a going concern, including assets, employees, and liabilities.

find out more

Boilerplate Agreement

A standard agreement template compliant with South African law, providing essential contractual framework for business relationships.

find out more

Amended Contract

A South African law-governed document that formally modifies terms and conditions of an existing contract while maintaining its validity.

find out more

Tooling Agreement

A South African law-governed agreement establishing terms for industrial tool design, manufacture, supply, and maintenance, compliant with local manufacturing and safety regulations.

find out more

Service Agreement Terms And Conditions

South African service agreement terms and conditions document establishing the legal framework for service provision between providers and clients.

find out more

Representation Agreement

A South African law-governed agreement establishing the terms and conditions under which a Representative may act on behalf of a Principal.

find out more

Common Terms Agreement

A master agreement under South African law that establishes common terms across multiple facility agreements in syndicated lending arrangements.

find out more

Buyer Agency Agreement

A South African legal agreement establishing an estate agent's authority to represent a buyer in property transactions, governed by local real estate laws.

find out more

Labour Contract Copy

A South African employment agreement establishing terms and conditions of employment in compliance with local labor laws.

find out more

Employee Agreement Form

A South African law-compliant employment agreement establishing terms and conditions between employer and employee.

find out more

Statement Of Agreement

A formal document under South African law recording mutual understanding and agreed terms between parties, serving as a binding record of arrangements and commitments.

find out more

Rent In Exchange For Services Agreement

A South African law-governed agreement establishing terms for accommodation provided in exchange for specified services.

find out more

Contractual Agreement

A legally binding Contractual Agreement template compliant with South African law and commercial practices.

find out more

Security Agreement Form

A South African law-governed agreement creating security interests over assets, detailing the security arrangements and enforcement rights between a security provider and secured party.

find out more

Business Cooperation Agreement

A South African law-governed agreement establishing terms and conditions for business collaboration between multiple parties.

find out more

Employee Training Reimbursement Agreement

A South African law-compliant agreement setting out terms for employer-funded training and employee reimbursement obligations.

find out more

Terms Of Business Agreement

A South African law-governed agreement establishing core business terms and conditions between service providers and clients.

find out more

Contract Of Indemnity And Guarantee

A South African law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and risk mitigation between parties.

find out more

Intent To Purchase Agreement

A South African legal document expressing formal intention to purchase property or assets, outlining preliminary terms and conditions for the proposed transaction.

find out more

Professional Services Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services delivery under a retainer arrangement.

find out more

Supply Contract Form

A South African law-governed agreement establishing terms and conditions for the regular supply of goods or services between supplier and purchaser.

find out more

Business Contract

South African business contract template incorporating key legislative requirements and commercial terms for business-to-business relationships.

find out more

Umbrella Agreement

A South African law-governed master agreement establishing framework terms for future specific agreements between parties.

find out more

Share Purchase Agreement

A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.

find out more

Professional Services Contract

A South African law-governed agreement establishing terms and conditions for professional services delivery between a service provider and client.

find out more

Consulting Services Agreement

South African law-governed agreement establishing terms and conditions for consulting services provision, including scope, payments, and compliance requirements.

find out more

Buyer Representation Agreement

A South African law-compliant agreement establishing professional representation between a property buyer and real estate agent, outlining services, duties, and compensation terms.

find out more

Master Service Agreement

A South African law-governed framework agreement establishing core terms for ongoing service delivery relationships between service providers and clients.

find out more

Yearly Contract Agreement

A one-year contractual agreement compliant with South African law, establishing terms, conditions, and obligations between parties.

find out more

White Label Agreement

A South African law-governed agreement enabling one party to rebrand and market another party's products/services under their own brand, with defined terms for licensing, operations, and compliance.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now