Cohabitation agreements

Although South African legislation now allows people of the same gender to get married, there are still many couples (homosexual as well as heterosexual) who prefer not to get married.

However, if you decide not to get married, there are a few consequences that you have to take notice of.

South African legislation does not acknowledge so-called common law marriages – regardless of how long you have lived together. If your life partner dies, for example, his/her direct blood family will take precedence over you in terms of any inheritance, and you may end up inheriting nothing at all – unless you and your partner have signed a cohabitation agreement.

After marriage, the best alternative is to sign a cohabitation agreement with your partner. This is a type of legal contract that both parties sign, and which binds them to certain terms and conditions if the relationship dissolves or in case of the demise of one of the partners. In certain cases, such a applying for mortgage or child support, the cohabitation agreement works like a marriage contract, but in case of property rights, pension and inheritance, it is treated differently.

The cohabitation agreement should specify in detail what each partner’s responsibilities are (who pays for what and any other responsibilities) and how any property will be shared in case the cohabitation comes to an end.

To provide complete peace of mind, you and your partner should also draw up wills to specify clearly who inherits what and how your partner will be taken care of after your demise.