Notarial cohabitation agreements and spousal / ‘life partner’ visas and permanent residence permits

A Notarial Cohabitation Agreement is essential for couples in South Africa who wish to formalize their relationship while living together without marriage, particularly when applying for a spousal / ‘life partner’ visa and permanent residence (‘PR’) permits.

This type of agreement serves as a legal document that outlines the rights and responsibilities of each partner, providing clarity and protection, especially in matters of financial arrangements, property rights, and maintenance obligations.

Importance of Notarial Cohabitation Agreements

• Legal Recognition: While cohabitation does not automatically confer the same rights as marriage in South Africa, a Notarial Cohabitation Agreement can provide some degree of legal recognition. This is crucial for couples seeking to apply for a spousal / ‘life partner’ visa and PR permit, as it demonstrates the stability and commitment of their relationship and shared financial responsibilities to immigration authorities.
• Financial and Property Rights: The agreement typically includes provisions for how financial matters will be managed, how property will be owned and divided, and what happens in the event of separation or death. This is particularly important for protecting vulnerable partners and ensuring fair treatment in case of disputes.
• Requirements for Visa and PR Applications: A Notarial Cohabitation Agreement may be required to serve as evidence that the couple is in a genuine and committed relationship which is a legal requirement for these applications.

Key Components of a Notarial Cohabitation Agreement

1. Financial Arrangements: Details on how expenses are or will be shared and managed during the cohabitation.
2. Property Rights: Specifications on ownership and division of property acquired during the relationship.
3. Maintenance Obligations: Provisions for financial support during the relationship or after separation.
4. Dispute Resolution: Procedures for resolving conflicts that may arise between partners
5. Children’s Rights: If applicable, arrangements regarding custody and support for any children involved.

Process of Drafting and Notarizing

To create a legally binding Notarial Cohabitation Agreement:

• Both parties must voluntarily agree to the terms.
• The agreement must be in writing and signed by both parties in front of a Notary Public.
• A protocol number must be allocated to ensure it is binding on third parties, such as government institutions involved in visa and immigration applications.

Conclusion

For couples in South Africa considering cohabitation without marriage, entering into a Notarial Cohabitation Agreement is not only prudent but often necessary for legal recognition and protection. This agreement not only supports spousal visa and PR applications but also clarifies shared financial responsibilities and property rights, ultimately safeguarding both partners’ interests throughout their relationship. For further guidance on your immigration application go here.