Document background
The Cohabitation Agreement After Divorce is essential in South African legal practice where parties who have been previously divorced wish to establish a new domestic partnership without entering into marriage. This document has become increasingly important due to changing social dynamics and the need to protect parties' interests in non-traditional living arrangements. It addresses crucial aspects such as property rights, financial obligations, and the interaction with existing divorce orders, while operating within South Africa's legal framework that lacks specific cohabitation legislation. The agreement is particularly vital as South African law does not automatically provide the same protections to cohabiting partners as it does to married couples, making it essential to explicitly define rights, responsibilities, and obligations. It helps prevent future disputes and provides clarity on financial and practical arrangements while respecting existing legal commitments from previous divorces.
