Provide for ‘love boat’ consequences
Legal advisors warn that cohabitation agreements are crucial for unmarried couples moving in together
IN South Africa, common law marriage that recognises live-in partners as reciprocal beneficiaries, does not exist.
Unlike Australia, the UK and Canada, couples sharing a home have no rights within those relationships unless they draw up a legal agreement between themselves.
And as Valentine’s Day often leaves many Zululanders ready to move mountains for love, legal advisers are warning unmarried couples to put a contract in writing before moving in. ‘If your partner has asked you to share a home with him or her without getting married, it is important to remember that this decision could have practical consequences that will outlive the Valentine’s Day roses and chocolates,’ said Legal and Tax adviser Chantel Cronjé.
‘It is not terribly romantic to think about the consequences of your partner dying or the relationship failing after discussing your future together over champagne on Valentine’s Day.
‘Yet, you must consider these dangers before you move in together.
‘The best way to protect yourself is to sign a cohabitation agreement that will protect your rights if the relationship ends.’
Cronjé said life partners with no plans of getting married should draw up an agreement with the help of a lawyer that is fair to both parties, allowing both people to understand their rights and assets.
The document should include how you will conduct living arrangements, the rights and responsibilities of you and your partner as well as how any property you own will be divided in the event the relationship breaks down.
‘Such a contract will set out clearly what property, such as cash, furniture, the house and other assets, each of you will leave the relationship with if you split up,’ said Cronjé.
‘You and your partner should also ensure that your wills are up to date and that you have provided for each other in event one of you dies. Cronjé said a cohabitation relationship can be ended by either partner at any time with no court order or divorce procedure, making it critically important that there is a cast iron contract in place to protect both partners.
