Introduction — Ending well is a skill
Separating without a marriage certificate doesn’t mean separating without rules. The difference is that your rules live in contracts, evidence, and court applications that fit cohabitation — not in divorce statutes. This page shows you the calmest way out, and the fastest way to stabilise a storm.
Read our complete guide: Cohabitation and the Rights of Unmarried Couples in South Africa
Step 1 — Stabilise: home, finances, children
- Safety first. If there’s harm or risk, use the Domestic Violence Act immediately.
- Children. Keep to the Children’s Act standard: best interests. Maintain contact arrangements; don’t weaponise access.
- Money. Freeze discretionary spend if needed; preserve records. If joint accounts are being drained or you’re locked out of funds, speak to us — we may bring an urgent motion to restore status quo.
Step 2 — Disclosure & negotiation
Honesty is cheaper than litigation. We structure disclosure (assets, debts, contributions), then negotiate a settlement agreement that reflects facts and fairness. If you have children, we draft a parenting plan and, where appropriate, make it an order of court.
Step 3 — Universal partnership declaration (if needed)
If your lives looked like a genuine economic partnership and one partner denies it, we pursue a declaratory order that a universal partnership existed, plus a fair division of assets. Evidence is everything: bank statements, transfers, renovations, messages, schedules of who paid what and when, witness affidavits.
Forums & procedures (choose the right door)
- High Court — declaratory relief (universal partnership), interdicts, urgent motion relief.
- Children’s Court / Maintenance Court — children’s care/contact/maintenance.
- Domestic Violence Court — immediate protection where necessary.
- Mediation / Arbitration — private, faster, confidential (we build these into your agreement).
Important: Rule 43/58 are for spouses in divorce. Unmarried partners use the forums above, not Rules 43/58.
Occupation of the home
Who stays and who goes is more about legal title and risk management than emotion. If you’re unlawfully removed or locked out, we may pursue a spoliation application to restore possession pending proper proceedings.
Pets, digital assets, and other surprises
We catalogue more than furniture: pets (primary caregiver, vet bills), domain names, social accounts, cloud drives, loyalty points, even art and heirlooms. Anything that can cause friction is cheaper to sort now than to litigate later.
Timelines & cost
Negotiated settlements can conclude in weeks. Declaratory partnership litigation takes longer. We won’t waste your time or your peace — we’ll pick the fastest route that protects your dignity and your future.
Frequently Asked Questions
Not if it creates unlawful dispossession — that risks a spoliation order against you.
Not automatically. Title, safety, and practicality guide this. Speak to us before leaving the home.
With cooperation, within weeks. With litigation, months. Our bias is toward structured agreement.
Not under Rule 43/58 (that’s for spouses). Relief for cohabitants is via urgent motion, Children’s/Maintenance Court, or DVA orders where applicable.
Contact our family attorneys for help
End well. Book a confidential separation strategy consult.
Still together but sensing complexity? Learn more: Cohabitation Agreement South Africa — How to Draft, Enforce, and Future-Proof