Cohabitation Agreement
Protecting your Relationship and Your Rights
Many people in South Africa believe that living together for a certain period of time creates a “common law marriage,” granting legal rights similar to married spouses. This is a myth. South African law does not recognise common law spouses.
While a universal partnership is a possible legal route, it must be proven in court—often after a relationship has ended—costing time, money, and emotional energy. Things can get even more complex if a partner passes away, as there is no automatic right to inherit without a valid will.
The Solution: A Cohabitation Agreement
A cohabitation agreement is a legal contract that defines each partner’s rights and responsibilities while living together and outlines what happens if the relationship ends.
Management of joint and individual assets
1. How expenses are shared
2. Division of jointly acquired property
3. Support obligations (financial or otherwise)
4. Arrangements for children (care, contact, surnames)
When Should You Sign One?
The best time is when you first move in together, but any of these milestones are ideal:
1. Buying property together
2. Having or adopting a child
3. Moving into a new shared home
4. Blending families or finances
A Cohabitation Agreement Does Not Replace a Will
We recommend each partner also has a valid will to ensure their wishes are legally protected in the event of death.
Let Dewar Attorneys Help You Plan Confidently
Our legal team can draft a cohabitation agreement tailored to your needs – providing clarity, protection, and peace of mind.