Living together? Attorney warns cohabitation offers no legal protection in SA

Cohabitation, also known as living together or a domestic partnership, is not recognised as a legal marriage, regardless of how many years a couple has lived together.

Attorney and director of VDM Attorneys, Cor van Deventer, warns that there is no common-law marriage in South Africa.

This means that cohabiting partners do not automatically acquire the same legal rights to property, inheritance, or maintenance as married couples, regardless of how long they have been together.

Van Derventer recommends signing a cohabitation agreement and making it notarially enforceable.

It outlines provisions for property ownership, financial contributions, and an exit strategy in case a relationship ends.

The agreement can protect couples from financial difficulties and ensure that their rights are respected.

“It is a contract that the partners sign that makes provision for various circumstances.”

Van Derventer explained that financial decisions such as buying a house or signing a lease can have significant consequences if not addressed.

He also recommends keeping your will up to date as your life circumstances change.

“We don’t want to talk about it, but unfortunately, we have to deal with our assets after death as well.”

To listen to Van Deventer in conversation with 702’s Clement Manyathela, click the audio player below: