Current cohabitation agreement guide
This older cohabitation note is kept as a short route page. For the current guide, see Cohabitation Agreement South Africa: how to draft, enforce and future-proof your agreement.
In South Africa, living together does not automatically create a marriage or the full legal consequences of marriage. A cohabitation agreement is a private contract that can record ownership, contributions, debt, support promises, household responsibilities, dispute resolution and what should happen if the relationship ends.
- If you are still together and want clarity, start with the cohabitation agreement guide.
- If you want the broader legal position for unmarried partners, read our guide to cohabitation law and unmarried couples’ rights in South Africa.
- If the relationship has already broken down, read our guide to separation of unmarried couples.
- If property, children, maintenance, business interests, family money or a possible universal partnership claim is involved, speak to SD Law’s family-law attorneys before relying on a template.
A template can help you prepare, but the agreement should match your facts. The risk is not only what the agreement says. It is what it leaves unsaid.