Warning for Unmarried Couples in South Africa
Unmarried couples living together in South Africa should not assume they have the same rights as married couples.
Cor Van Deventer, Director at VDM Incorporated, warns that the Domestic Partnership Bill is still only in draft form and offers no legal protection. Instead, he urges couples to sign a written, legally enforceable life partnership agreement.
Why it’s important
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Without an agreement, breakups often lead to costly disputes over property, finances, and living arrangements.
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Van Deventer’s firm now handles two cohabitation-related breakups per month, up from almost none a few years ago.
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Common issues include one partner refusing to move out, withholding payments, or claiming a share of property without legal grounds.
What a life partnership agreement covers
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Property ownership and shared purchases
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Assets, liabilities, and household expenses
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Banking arrangements
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Dispute resolution in case of separation, death, or disagreements
Such agreements protect each partner legally and financially, avoiding years of expensive litigation.
Pets and other considerations
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Pets are treated as personal assets, belonging to the registered owner unless included in the agreement.
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To strengthen enforceability, couples should have their agreement notarised, which provides:
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Stronger recognition by courts and government bodies
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Proof for visas, medical aid registration, and administrative processes
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International recognition for same-sex couples or those moving abroad
Key takeaway
A notarised life partnership agreement offers legal protection, financial security, and peace of mind for unmarried couples in South Africa.
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