Living Together: Why You Need a Cohabitation Agreement

There is no common law marriage

South African law does not recognise common law marriage. No matter how long a couple lives together, they do not automatically gain the legal rights that married couples have.

This means that without an agreement or a will, a surviving or separating partner may have very limited claims, even after many years together.

What this means in practice

• Assets generally belong to the partner whose name they are in, unless you can prove otherwise.
• A partner does not automatically inherit if the other dies without a will.
• There is no automatic duty of maintenance between partners as there is between spouses.
• Sorting out who owns what can become difficult and stressful if the relationship ends.

A cohabitation or life partnership agreement

A cohabitation agreement, sometimes called a life partnership agreement, is a written contract between partners who live together. It records what you have agreed about your finances and property.

It can set out who owns which assets, how shared expenses and property are handled, and what happens if the relationship ends. It brings clarity and protects both people.

Planning ahead together

Because partners do not automatically inherit from each other, a will is especially important for couples who live together and want to provide for one another.

An agreement and a will work together to make sure your wishes are clear and your partner is protected.