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Cohabitation Agreement Online Template for South Africa

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Key Requirements PROMPT example:

Cohabitation Agreement Online

"I need a Cohabitation Agreement Online for my partner and me, as we're moving in together in March 2025 and I own a property in Cape Town; we need to clearly establish that the property remains my separate asset while fairly splitting our living expenses and any future joint purchases."

Document background
The Cohabitation Agreement Online is essential for unmarried couples in South Africa who live together or plan to share a residence. Unlike marriage, cohabitation in South Africa doesn't automatically create legal rights and obligations between partners, making this agreement crucial for protecting both parties' interests. This document addresses property ownership, financial responsibilities, living arrangements, and potential separation procedures. It's particularly relevant given the increasing prevalence of cohabitation in South African society and the lack of comprehensive legislation governing unmarried partnerships. The online format makes it accessible while ensuring compliance with the Electronic Communications and Transactions Act and other relevant South African laws. The agreement can be customized to include various aspects such as property division, financial arrangements, and decision-making authority.
Suggested Sections

1. Parties: Details of the cohabiting partners including full names, identification numbers, and current addresses

2. Background: Brief history of the relationship, purpose of the agreement, and acknowledgment of legal advice received

3. Definitions: Definitions of key terms used throughout the agreement

4. Living Arrangements: Details of shared residence, property ownership/rental arrangements, and household responsibilities

5. Financial Arrangements: Agreement on sharing of expenses, joint accounts, separate property, and financial responsibilities

6. Property Rights: Ownership and division of property acquired before and during cohabitation

7. Debts and Liabilities: Treatment of individual and joint debts, and allocation of financial responsibilities

8. Termination: Circumstances and procedures for ending the cohabitation relationship

9. Dispute Resolution: Process for resolving disagreements, including mediation requirements

10. General Provisions: Standard contractual clauses including governing law, amendments, and severability

11. Signatures: Execution clause, date, and signature blocks for both parties and witnesses

Optional Sections

1. Children: Arrangements regarding existing children or future children, including care and financial responsibilities

2. Pets: Ownership, care responsibilities, and arrangements for pets in case of separation

3. Death Provisions: Arrangements in case of death of either partner, including continued occupancy rights

4. Business Interests: Protection and separation of business assets and interests

5. Medical Decisions: Authority for medical decision-making and healthcare responsibilities

6. Intellectual Property: Protection and ownership of intellectual property created during cohabitation

7. Vehicle Arrangements: Ownership and usage rights for vehicles

8. Insurance: Requirements for life, medical, or property insurance coverage

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all property owned by each party prior to cohabitation

2. Schedule B - Joint Property: Inventory of property jointly acquired during cohabitation

3. Schedule C - Financial Obligations: List of existing financial obligations and debts of each party

4. Schedule D - Household Expenses: Detailed breakdown of shared household expenses and contribution ratios

5. Schedule E - Contact Information: Emergency contacts and important service providers

6. Appendix 1 - Proof of Ownership: Copies of property titles, vehicle registrations, and other ownership documents

7. Appendix 2 - Financial Statements: Current financial statements of both parties at the time of agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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