COHABITATION AGREEMENT

Between:

Name & Surname:

Identity Number:

Address:

Email:

[First Party]

and

Name & Surname:

Identity Number:

Address:

Email:

[Second Party]
2. PURPOSE

2.1 The parties are currently living together in a domestic partnership and

intend to continue living together in this arrangement;

2.2 The parties wish to define their respective proprietary rights and liabilities

arising from their domestic partnership arrangement;

2.3 The parties each acknowledge that they enter into this agreement

voluntarily, without any duress or undue influence, and that each has had

the opportunity to consult with an attorney of his/her choice;

2. MARITAL STATUS

The joint residency of the parties shall in no way render the parties married in any

way, whether by operation of common law or any other law.

3.1 This Agreement consists solely of the mutual promises contained herein

and the mutual promises of each party to act as the living companion and

partner to the other.

3.2 This Agreement fully contemplates and compensates any and all services

provided by either party for the benefit of the other during the course of

their joint residency. The furnishing of sexual services shall in no way be

construed as consideration for this Agreement.

4. DISCLOSURE OF CURRENT FINANCIAL STATUS

Each party has fully and completely, to the best of his/her knowledge, disclosed to

the other party his/her current financial condition including all assets and liabilities.

Each party has attached a balance sheet to this agreement indicating his/her

current assets and liabilities with the understanding that this balance sheet reflects

his/her current financial status to the best of his/her ability.

Necessary and jointly approved living expenses shall be divided between the

parties as below:

5.1 The 1st Party shall contribute an amount of R_____________ or pay a

percentage of (____%) per month towards the monthly expenses;

5.2 The 2nd Party shall contribute an amount of R_____________ or pay a

percentage of (____%) per month towards the monthly expenses;

5.3 The parties shall contribute their monthly pro rata contributions into the

joint savings/current account of the parties.

5.4 Any property purchased using funds in this account shall be considered to

be the joint property of the parties and owned according to the respective

party’s percentage of contribution as stated above. Either party may draw

upon this checking account.

The following properties shall be kept by the parties as the separate property of

the recipient and the said properties shall not be subject to division at the

termination of this Agreement:

5.1 All and any property, real or personal, owned by a specific party at the date

of execution of this Agreement;

5.2 Individual gifts, bequests or inheritances acquired before or after the

execution of this Agreement;

5.3 Individual earnings, salary or wages acquired before or after the execution

of this Agreement;

5.4 All income or proceeds derived from the aforementioned properties.

6. COMMINGLING OF PROPERTY

All commingled property shall be presumed to be joint property of the parties

unless otherwise agreed.

All property acquired by the parties after the date of execution of this Agreement

and before the termination of this Agreement and procured jointly with joint

resources and funds shall be considered joint property of the parties with each

party possessing his/her aforementioned percentage of ownership.

8. DIVISION OF PROPERTY UPON TERMINATION

Upon termination of this Agreement or termination of the joint residency, all jointly

owned property shall be divided among the parties according to their pro rata

share listed above. If the parties are unable to agree on the appropriate division

of joint property, they may appoint an independent and mutually agreed upon

Third-party to act as Appraiser. The Appraiser shall divide the property among the

parties according to his/her pro rata share.

9. DUTY OF GOOD FAITH AND CONFIDENTIALITY

9.1 This Agreement creates a fiduciary relationship between the parties in

which each party agrees to act with the utmost of good faith and fair
 dealing toward the other in the management of their joint property and in

all other aspects of this Agreement.

9.2 Without obtaining a parties’ written consent in advance, a party shall not

directly or indirectly publish, or cause to be published, any diary, memoir,

letter, story, photograph, interview, article, essay, account, or description

or depiction of any kind whatsoever, whether fictionalised or not,

concerning the relationship or any other aspect of a parties’ personal,

business or financial affairs, or assist or provide information to others in

connection with the publication or dissemination of any such material or

excerpts thereof.

10. LEGAL NAMES OF PARTIES

Each party shall retain his/her legal name, including surname, as printed and

signed in this Agreement.

11. DURATION OF AGREEMENT

This Agreement shall become effective at the date of execution and shall remain

in effect until termination. Termination shall be effected by written notice by either

party may terminate this Agreement unilaterally at any time.

12. DEATH OF PARTY

Upon the death of either party, the surviving party waives all rights to support by

the deceased party.

13. COMPLETE AGREEMENT

It is the intent of the parties that this Agreement be the full and complete

agreement between the parties regarding their joint residency. No variation of this

agreement shall be of force or effect unless reduced to writing and signed by both

parties.

14. SEVERABILITY OF PROVISIONS

Should any paragraph or provision of this Agreement be held invalid, void, or

otherwise unenforceable, it is the intent of the parties that the remaining portions

shall nevertheless continue in full force and effect without impairment.

This Agreement shall be governed by, interpreted and construed in accordance

with the laws of the Republic of South Africa.

DATED AT THIS THE DAY OF 2022.

As Witnesses:

1.

2.
FIRST PARTY

DATED AT THIS THE DAY OF 2022.

As Witnesses:

1.

2.
SECOND PARTY

DISCLAIMER
Although we have taken every care to ensure that this document is accurate and up to date with the law, it is important to remember that our law is
constantly evolving and changing. We therefore cannot guarantee that the information is without any errors or omissions. Our goal is to make the
law affordable and accessible to all South African’s, and we’ve made this contract template available to help you. We believe that it’s important to
always discuss legal matters with an attorney before making a decision or signing a document. Copyright Maurice Phillips Wisenberg:
www.divorceattorney.co.za