In South Africa there is no ‘law of cohabitation’ and cohabitation is not a recognised legal relationship. Cohabitation refers to a stable, monogamous relationship in which the couple, either male–female or same–sex, chooses not to marry but to live together as spouses. Familiar terms for cohabitation include living together, shacking up, de facto marriage, quasi-marriage, common-law marriage, domestic partnership or private marriage. A cohabitative relationship looks to the observer exactly like a marriage. The only distinguishing feature is the lack of legal sanction.
Cohabitation has three universal components: a sexual relationship between the couple, a factual cohabitative relationship (i.e. they live in the same home), and stability of the relationship.
There is no such thing in law as a common-law marriage. If you want to protect your assets in a cohabitative relationship, you can draw up a cohabitation agreement. This is a relatively simple contract that includes details of a couple’s assets, property and the financial contributions each partner makes to the joint home. It is valid when ratified by an appointed lawyer.
SD Law can draft a cohabitation agreement for you.