Some of the differences between cohabitation and marriage are as follows: this concubine agreement helps you to elaborate and define all the practical arrangements that must be covered when two people who are neither married nor partners set up a house. It helps you take all the precautions you need now and in case of future separation. National partnerships have never been banned by South African law, but they have also not received significant recognition or protection. In South Africa, matrimonial law traditionally offered parties a multitude of legal protections. These laws regulated the ownership of the parties during marriage and dissolution, either by divorce or death, and also meant that certain benefits were automatically acquired, such as membership in medical aid funds, pension funds, etc. Married spouses also had a mutual maintenance obligation under the common law. South African courts had sometimes helped couples by deciding that there was an explicit or implicit universal partnership, but this was usually difficult to prove. The only way to be protected in our law is to enter into a concubine`s contract. Such an agreement clarifies the expectations of the partners and also serves as an early warning of future problems. Without a concubine`s contract, in the event of death or separation, ownership belongs to the registered owner, regardless of the life span of the partners. The registered owner has the right to distribute the other partner and sell the property without notifying the partner.
The form below is for illustrating purposes only. You and your lawyer can use this example as a guide for developing a concubine agreement that best protects your interests and respects the laws in which you live. Each Party has, in its soul and conscience, disclosed in full and in full to the other Party its current financial position, including all assets and liabilities. Each party has attached to that agreement a balance sheet showing its current assets and liabilities, assuming that the balance sheet best reflects its current financial position. However, if you get married in the future or enter into a life partnership, the status of the document will change. It will be like a marriage contract. The effect is that if you separate, the court takes this document into account, but is not bound by it. 3. The parties acknowledge that they enter into the agreement voluntarily, without coercion or undue influence, and that each has had the opportunity to consult counsel of their choice; This could include applying for a spouse visa in South Africa if you are in a life partnership agreement or trying to prove the existence of a concubine agreement to obtain a housing contract from a government organization. A life partnership is similar to the characteristics of marriage and refers to cohabitation outside of marriage. We advise you on all facets of life partnership contracts. We also announce the development and implementation of such contracts.
It is advisable to contact a lawyer to establish such an agreement. You can download below a model concubine contract for South Africa. It is important to have a notarized concubine agreement in South Africa that defines how property and/or property will be distributed in the event of separation, before the concubants invest together in real estate. In the event of death, roommates must also state in their will that only written agreements count. The Law on National Partnerships was still drafted and how it would be implemented was unclear. Under the current constitutional regime, it is unlikely that a partner will remain desperate under the National Partnerships Act. My advice would be for couples to enter into a contract – a written partnership agreement that defines precisely what will happen in the event of death or separation, protects their rights and defines their duties.