Cohabitation · South Africa
Cohabitation agreements in South Africa: what they cost and how to get one
It is the cheapest, most effective thing an unmarried couple can do to protect each other. Here is exactly what it does, what it runs to in 2026, and whether you actually need an attorney.
This is general information, not legal advice. South African law and attorney fees change. We cite primary sources so you can verify everything yourself, but for your own situation please confirm with a qualified attorney. See our editorial & sourcing policy.
The short version
- A cohabitation agreement is just a written contract between two partners. It is legally binding and does not have to be notarised to be valid.
- It is the most affordable legal protection an unmarried couple has: roughly R0–R500 for a template, or R1,500–R2,500+ attorney-drafted.
- It sets out who owns what, how you split the costs, and what happens to your property and money if you separate.
- It cannot create a marriage, bind the bank or SARS, or override your child’s right to maintenance.
On this page
What it actually is
A cohabitation agreement (some people call it a life-partnership or living-together agreement) is nothing more mysterious than a written contract between two people who live together but are not married. In it, you write down what you have agreed about money, property and responsibilities, and what should happen if you split up.
Because South Africa has no common-law marriage, the law does not write those rules for you the way it does for married couples. The agreement lets you write them yourselves, in advance, while you both still agree on what is fair.
Why you need one here
When a married couple divorces, the Divorce Act and the matrimonial property system decide how things are split. When a cohabiting couple separates, none of that applies. As a rule, each person keeps only what is in their own name, no matter who actually paid for it or how long you were together.
The classic trap
What it covers, and what it can’t
A solid cohabitation agreement usually deals with:
- Property and assets: who owns the home, the cars, the furniture and the savings, and how jointly bought things are split. (Taking a joint home loan together? The agreement is where you record your shares.)
- Who pays what: how you divide the rent or bond, the bills, the groceries.
- Accounts and debt: what stays separate, what is joint, and who is responsible for which debts.
- If you break up: how shared property and money get divided, and who stays in the home.
- If one of you dies: a pointer to your wills (the agreement itself cannot replace a will).
What it cannot do
What it costs in 2026
Pricing is all over the place, which is exactly why couples get confused. Here is the honest range. Always get a current quote before you commit, because fees move.
| Option | Typical price | Best for |
|---|---|---|
| Free / low-cost template | R0 – R500 | Simple situations, few shared assets, both of you comfortable with a standard document. |
| Online drafting service | roughly R1,000 – R1,500 | A guided document tailored to your answers, without a full attorney consultation. |
| Attorney-drafted agreement | roughly R1,500 – R2,500+ | Property in one name, a business, blended families, anything complicated. |
| Notarial agreement (notary public) | roughly R1,500 – R2,000+ | When you specifically need a notarial deed, most often for a life-partner visa. |
Indicative 2026 ranges from published South African providers. Treat as a guide, not a quote.
You usually do not need a notary
Template vs attorney-drafted: how to choose
It comes down to how complicated your finances are, almost entirely.
| DIY template | Attorney-drafted | |
|---|---|---|
| Cost | R0 – R500 | R1,500 – R2,500+ |
| Speed | Same day | A few days to a couple of weeks |
| Tailored to you | Limited | Fully |
| Good when | Few assets, simple split, you both agree | Property, debts, a business, or children involved |
| Main risk | Misses something specific to your situation | Costs more |
A sensible middle path: start from a good template to understand the structure and have the conversation, then pay an attorney for a short review if anything significant is at stake. You get most of the protection without the full drafting fee.
Is it legally binding?
Yes. A cohabitation agreement is enforceable like any other contract, as long as the usual rules are met: you both agree freely, you both understand it, and its terms are lawful. It does not have to be notarised or registered to be valid. Sign it, date it, and each keep a copy.
Make it stick
How to get one
- Have the honest money conversation first: who owns what now, and what would feel fair if you separated.
- Pick your route from the cost table above, based on how complex your situation is.
- Draft it (template, online service, or attorney).
- Read every clause together and change anything that does not match your reality.
- Sign and date it in front of two witnesses, and each keep a copy.
- Pair it with a will each. The agreement protects you in a breakup; the will protects you in a death.
Questions people ask us
Do we both need a lawyer?
No. One agreement covers both of you. For anything complex it is wise for each partner to get independent advice, but for a simple situation a single well-drafted document is fine.
Does it have to be notarised?
No, not to be valid. Notarisation is only needed for specific uses, such as a life-partner visa application.
Can it decide custody or child maintenance?
No. Anything affecting a child is governed by the child’s best interests and cannot be signed away by the parents.
What if we already own a house together?
That is exactly when it matters most. Record each person’s share and what happens to the property if you separate or one of you dies.
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