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Simple Cohabitation Agreement Template for South Africa

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Key Requirements PROMPT example:

Simple Cohabitation Agreement

"I need a Simple Cohabitation Agreement for my partner and me who are moving in together in Cape Town from March 2025, with clear terms about sharing our apartment costs 60-40 and keeping our other assets separate."

Document background
In South Africa, where there is no specific legislation governing cohabitation relationships, a Simple Cohabitation Agreement serves as a crucial legal tool for unmarried partners living together. This document becomes particularly important as South African law does not automatically provide the same rights to cohabiting partners as it does to married couples. The agreement typically covers aspects such as property division, financial responsibilities, living arrangements, and separation procedures. It's especially relevant given the increasing number of couples choosing cohabitation over marriage in South Africa, and the need to provide legal certainty in these relationships. The document helps partners avoid future disputes by clearly setting out their rights and obligations, while respecting the principles of South African common law and constitutional rights.
Suggested Sections

1. Parties: Identification and details of the cohabiting partners

2. Background: Brief description of the relationship and purpose of the agreement

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

4. Duration of Agreement: When the agreement takes effect and how long it remains valid

5. Living Arrangements: Details of shared residence and living arrangements

6. Financial Arrangements: How daily expenses, bills, and financial responsibilities are shared

7. Property Rights: Treatment of individually and jointly owned property during and after cohabitation

8. Termination: Circumstances and process for ending the cohabitation agreement

9. Dispute Resolution: Process for resolving disagreements between the parties

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

Optional Sections

1. Children: Arrangements regarding existing or future children, including financial responsibility and parenting arrangements

2. Pets: Arrangements for pet ownership, care, and related expenses

3. Business Interests: Treatment of shared business interests or investments

4. Death and Inheritance: Provisions regarding inheritance rights and estate planning

5. Medical Decisions: Authority for medical decision-making in emergencies

6. Vehicles: Arrangements regarding ownership and use of vehicles

7. Insurance: Provisions regarding life, health, or property insurance

8. Intellectual Property: Treatment of intellectual property created during cohabitation

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of each partner's property owned before cohabitation

2. Schedule B - Shared Assets: List of jointly owned assets and their agreed values

3. Schedule C - Financial Disclosure: Statement of each partner's financial position at the time of agreement

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

5. Schedule E - Debt Schedule: List of individual and shared debts and responsibilities

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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