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December 20, 2020

What Is A Cohabitation Agreement In South Africa

Filed under: Uncategorized — Chris Chaten @ 8:26 AM

“There may be children in the union. There could be a common debt. There may be insurance policies with both partners as beneficiaries or a common vehicle. An agreement on cohabitation can help mitigate conflicts when it comes to deciding how to resolve these problems.¬†Unfortunately, the waters that surround a cohabitation relationship are the for this reason very difficult to navigate. In particular, it is difficult to determine which legislation is applicable and which legislation would not be applicable. Cohabitation is an ancient concept in Europe and parts of America. However, South Africa has traditionally been more conservative and Calvinist in relation to this type of relationship. However, cohabitation in South Africa is at a record high. Statistics have shown that fewer people are getting married and more people are in a life relationship without getting married. Unfortunately, cohabitation is a concept largely misunderstood in South African law and very few people take the time to understand what they are familiar with before making the leap and moving in with their partner. This can lead to a number of long-term problems and it is important for the parties to understand what cohabitation is and its implications.

However, in practice, it is very difficult to prove the existence of a tacit universal partnership if there is no agreement. Parties who maintain their lives can therefore save themselves from severe headaches by ensuring that their agreement is reduced to writing and signing. I will dwell on this point in detail below. What happens if the relationship ends without a cohabitation agreement? Both parties to the cohabitation must sign the agreement before an approved and practising notary in the presence of two competent witnesses. The notary will testify to the identity and signature of the parties. Dippenaar points out that it makes much more sense for a couple to enter into a cohabitation agreement at the beginning of the housing agreement. The contract contains details on a couple`s wealth, wealth and financial contributions from each partner to the common home. It applies if it is ratified by a designated lawyer. The notary`s stamp or seal is usually affixed to the last page of the agreement.

It is customary to refer to the notary`s protocol number in the cohabitation agreement. “There are many other problems that couples face if they decide to call him one day. There will be a house and related mortgages or leases and he will make decisions about what happens to him, with the financial consequences that come with it,” says Dippenaar.

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