Life partnerships differ from a marriage in that it is neither binding to the husband or the wife or both parties involved. Although the courts have decided whether an express or implied partnership exists, it becomes problematic in proving that such legal obligations exist. Life partnerships (cohabitations) are unique in that they have the same legal consequences as that of a marriage, but parties are not legally bound to each other. Life partnerships (cohabitations) are terminated either by the relationship failing or by death of either party.
The law does, however, allow couples who wish to remain unmarried to have something in writing to prove the existence of their relationship, thus constituting a contract of sort. It is in this written notarial cohabitation agreement where couples specify the legal and propriety consequences of their relationship. This type of contract can be tailored to suit the needs of the couple concerned
NOTARIZING A COHABITATION (LIFE PARTNERSHIP) AGREEMENT
In certain Visa applications at the Department of Home Affairs, the Life Partnership Agreement notarised by a Notary Public can be a requirement.This could include applying for a valid spousal visa in South Africa, or trying to prove the existence of a cohabitation relationship in order to register an unmarried partner in a medical aid.
A Cohabitation Agreement sets out the financial terms of a couple’s relationship, and provides protection for the parties upon death, or should the relationship fail. In case of homosexual couples, this type of agreement can assist to prove the existence of their relationship/marriage in countries were civil unions are not yet recognized as a valid union.
Notarial Contract Agreement
Brief summary of the process
In a spousal relationship, it is a requirement to conclude a notarial contract between you and your partner.
This allows for the relationship to be legally sanctioned in the country, and is an alternative to a marriage or a customary union.
It is common practice South African citizens or permanent residence holders who are in a relationship with a foreign partner to enter into a notarial cohabitation contract.
This contract sets out the rights and privileges of each party to the relationship, after which, the agreement is notarised by a notary. This agreement needs to then be signed by both parties in the presence of the Notary Public.
Once signed, the couple are issued a notarial certificate. As there are two original duplicates of the contract, this allows for the second original to be kept in the protocol of the Notary.
This second original document is then given a protocol number.
There is no standard format for this notarial contract and each one will be unique according to the parties particular requirements and circumstances.