Many people still believe that “common law marriage” exists in South Africa however this is not the case. Living together in a domestic relationship is not legally recognised in South Africa. Despite this, more and more people are choosing to not get married whilst living together and acquiring assets in both their names.

In order to protect both parties and safeguard investments and the like, we can assist you in compiling a tailor made cohabitation agreement to suit your individual needs.

Without a detailed and signed cohabitation agreement, in the event that the relationship ends, these are but a few of the headaches a party in such relationship could face:

• When a cohabitant dies without leaving a valid Will, their partner has no right to inherit in terms of the Intestate Succession Act.
• Just as there is no obligation on parties in a domestic partnership to maintain each other during the duration of the relationship, a party to such a relationship cannot rely on the Maintenance of the Surviving Spouses Act to receive maintenance on the death of their partner.
• Parties cannot reclaim any funds they spent on maintaining a partner or claim back any donations made during the relationship.
• It must be noted that even in terms of a legal and binding cohabitation agreement, there is currently no law that allows for a person’s pension assets to be transferred, as this type agreement is not enforceable against a pension fund.
• With regards to immovable property. Any private property acquired by the cohabitants prior to their relationship will always belong to the original acquirer and no community of property can be established unless the prejudiced party invoke the laws of contract or unjustified enrichment.