South Africa
Cohabitation Agreement
R549
Create a practical cohabitation agreement for unmarried partners to regulate shared property, expenses, household contributions, debts, children, separation, and what happens if the relationship ends.
A Cohabitation Agreement is used by partners who live together but are not married or in a civil union. It helps regulate financial contributions, ownership of assets, shared expenses, household responsibilities, debts, children-related arrangements, and separation terms.
South African legal context (2026 checklist)
South African law does not automatically give unmarried cohabiting partners the same patrimonial rights as spouses. A written agreement helps reduce uncertainty and can provide evidence of each party’s intention regarding property, expenses, and financial arrangements.
- South African common law of contract
- South African common law of universal partnership, where alleged
- Children’s Act 38 of 2005, where children are involved
- Maintenance Act 99 of 1998, where maintenance is agreed or claimed
- Domestic Violence Act 116 of 1998, where protection is required
- Protection of Personal Information Act 4 of 2013
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who are the partners?
When did or will cohabitation begin?
What property will the partners share or keep separate?
How will rent, bond, utilities, groceries, and household expenses be paid?
Will either partner contribute to the other’s property?
How will joint purchases and debts be handled?
Are there children or dependants involved?
What happens if the relationship ends?
Will either party pay support after separation?
How will disputes be resolved?
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