Cohabitation Agreement In South Africa

A cohabitation contract is a binding contract between two parties who wish to live together or live together, in which different aspects of their relationship are formalized and which, if properly developed, give both parties substantial protection in cohabitation. Since the law does not recognize living conditions as a marriage, the rights and obligations conferred by marriage do not apply, regardless of the length of the relationship. However, in practice, it is very difficult to prove the existence of a tacit universal partnership if there is no agreement. Parties who maintain their lives can therefore save themselves from severe headaches by ensuring that their agreement is reduced to writing and signing. I will dwell on this point in detail below. Here are five things you need to know about cohabitation if you are considering a cohabitation relationship, or if you are already in a cohabitation relationship and want to understand your rights. South African legislation will soon include this development in cohabitation. There is no enforceable right to claim the relationship, either during or in the event of termination by death or in any other way, unless the support obligation is governed by a cohabitation contract. This means that a roommate cannot claim damages in the event of an irregular death of a partner. One of the mistakes of living together is that if you have lived with a person for a certain period of time, that relationship becomes a common-law marriage. Although many people describe a relationship as a common marriage, there is no fundamental legal concept that describes a common marriage or its implications.

Dippenaar points out that it makes much more sense for a couple to enter into a cohabitation agreement at the beginning of the housing agreement. The contract contains details on a couple`s wealth, wealth and financial contributions from each partner to the common home. It applies if it is ratified by a designated lawyer. There is also no law allowing the transfer of a person`s pension assets in partnership. A cohabitation contract will also have no effect, as it would not apply to the pension fund.