Co-Habitation Agreements
Not married, but building a life together? Protect it.
Living together doesn’t give you legal rights, but a contract does.
Under South African law, “common law marriage” does not exist. This means that unmarried couples living together do not automatically acquire legal rights to each other’s property, maintenance, or inheritance, regardless of the duration of the relationship.
That’s where a co-habitation agreement comes in.
What a Co-Habitation Agreement Does
It is a contract between two people in a romantic or domestic partnership, setting out their financial responsibilities, property ownership and agreed terms if the relationship ends either by separation or death.
It is not enforceable against third parties (such as banks, creditors, or SARS), but it is fully enforceable between the two parties who signed it, like any civil agreement.
We Help You:
- Draft a Legally Binding Contract
Clearly outlining who owns what, how living expenses are shared and what happens if the relationship ends. - Set Property & Financial Terms
Define what each party contributes — including assets brought into the relationship, jointly acquired assets, and how debts are handled. - Include Maintenance & Parenting Arrangements
Where applicable, we include terms about spousal-type support, care and contact with children, and maintenance, always subject to the Children’s Act. - Prevent Future Legal Disputes
By agreeing in advance on exit terms, the risk of litigation and emotional conflict is greatly reduced. - Clarify Death-Related Matters
While a co-habitation agreement does not override the laws of succession, it can include provisions for mutual wills or agreed funeral arrangements.
Important to Know:
- A co-habitation agreement does not create marital rights.
- It cannot bind third parties like creditors or the state.
- It cannot override laws of intestate succession unless supported by a valid will.
However, between the parties, it is legally binding and enforceable in court if properly drafted and signed.
