Preview · page 1Unmarried couples living together or buying things together
Cohabitation (Life Partner) Agreement
For couples living together without being married: who owns what, who pays what, and what happens if you split.
Quick answer
A cohabitation (life partner) agreement is a written agreement used by unmarried couples living together or buying things together in South Africa. This template covers separate assets stay separate, joint assets and shares, household costs, debts each partner is responsible for and more, drafted with POPIA, the CPA and the ECT Act in mind.
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What's inside
- 01Separate assets stay separate
- 02Joint assets and shares
- 03Household costs
- 04Debts each partner is responsible for
- 05What happens on separation
- 06No duty of support unless agreed
- 07Children's rights unaffected
- 08POPIA clause
Good to know
Do unmarried partners have the same rights as spouses in SA?+
No. There is no automatic duty of support or sharing of property between unmarried partners, which is why a written agreement matters.
Can this agreement decide child maintenance?+
Not finally. Children's rights and maintenance are decided by what's in the child's best interests, and a court can override any agreement.
Do life partners have the same rights as married couples in South Africa?+
No. South African law does not automatically give unmarried life partners the property or maintenance rights of spouses, which is why a written cohabitation agreement matters.
What should a cohabitation agreement include?+
Who owns what, how shared costs are split, what happens to the home and joint assets if you separate, and how debts are handled.
Does a cohabitation agreement need to be registered?+
No. It is a private contract that binds you once both partners sign it. For property worth a lot, have an attorney review it.
Is this legal advice?+
No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.
