Life partnership or cohabitation agreements are gaining popularity among unmarried couples in South Africa, and it is critical to have these agreements in place in case these relationships sour and couples split up.

This is according to Cor van Deventer, a director and attorney at VDM Incorporated in Sandton. He explains that South African law does not automatically grant the same rights to cohabiting couples as it does to married ones.

Van Deventer advises couples to enter into a written, legally enforceable contract, especially since the Domestic Partnership Bill, first drafted in 2008, remains in draft form.

“A life partnership agreement outlines the responsibilities, rights, and expectations of each person, formalising their commitment and protecting both individual and shared interests. It can save a lot of money and heartache if the relationship ends.” 

He shares a case involving a medical professional and her former boyfriend, who bought a property together. They verbally agreed to split costs but faced complications when their relationship soured. 

The boyfriend, who had been paying half of the bond instalments, stopped when she began dating someone new. He is legally entitled to 50% of the house’s sale proceeds; however, the woman is concerned about her credit rating and is currently covering the full bond payments, Van Deventer said.

“She can sue him after the fact, but it’s going to cost her R70,000 or more.” 

Van Deventer notes that his firm now handles an average of two relationship splits per month, a significant increase from just a few years ago. Many cases involve partners who contributed financially to properties but face disputes after separation. 

“Verbal agreements and emotional investments carry very little weight in court, and we often rely on common law principles, which can lead to lengthy and expensive litigation,” he warns.

He explained that for a life partnership agreement to be legally enforceable, it should include the identities of both parties, asset and liability schedules, property ownership details, joint purchases, banking, maintenance, debt protection, estate planning, exit strategies, and dispute resolution. This ensures legal protection and financial security for both parties.

Pets are also a significant concern, as they are treated as personal assets unless explicitly stated in the agreement. “Unless included, pets belong to the registered owner,” Van Deventer said.

He advises that notarising a life partnership agreement can significantly strengthen its legal standing.

“The Department of Home Affairs often requires a notarised agreement for visas, as it demonstrates the genuine nature of the relationship. It can also be vital for proving cohabitation when registering a partner on medical aid. It also provides international recognition for same-sex couples or those moving to countries where civil unions are not fully recognised,” Van Deventer explained.

He stressed that life partnership agreements are essential for cohabiting couples in South Africa to protect their rights and interests, especially in the absence of formal legislation.

zelda.venter@inl.co.za

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