Thinking about living together but not getting married? It’s a big step, and while it’s exciting, it’s also smart to think about the legal side of things, especially when it comes to the things you own and what happens if things don’t work out, or if one of you passes away. In South Africa, the laws around cohabitating can be a bit tricky, so let’s break it down.

Okay, so what’s a Cohabitation Agreement?

Think of it like a “relationship contract” specifically for couples who are living together but not married. It’s a legal document that spells out the financial ground rules of your relationship. It’s not very romantic, but it’s super practical.

What kind of things does it cover? Well, pretty much anything financial. Like, who owns what? If you buy a house together, who owns how much of it? What happens to your things if you break up? What about debts? It can also cover things like how you’ll handle shared expenses. It’s all about being clear upfront so there are no nasty surprises later.

And what’s a Will?

A Will, or a Last Will and Testament, is a document that says what you want to happen to your belongings after you die. It’s where you say who gets your house, your car, your money, everything. It’s really important, especially if you’re not married, because without a Will, the law decides who gets your things like cars, furniture etc, and it might not be who you’d choose.

So, what’s the difference between the two?

Good question! They’re both important, but they do different jobs. A Cohabitation Agreement is about your relationship while you’re both alive. It’s about how you manage your finances together and what happens if you split up. A Will is about what happens to your stuff after you die.

Do I need both?

Ideally, yes. Think of it this way: the Cohabitation Agreement is for during your relationship, and the Will is for after you’re gone. They work together to protect both of you.

Why do I need a Will if I’m not married?

This is really important. In South Africa, if you’re not married and you don’t have a Will, your partner won’t automatically inherit anything from you. Even if you’ve been together for 20 years! It sounds harsh, but that’s the law. A Will is the only way to make sure your partner is taken care of if you die.

What happens if my Will and Cohabitation Agreement disagree?

That’s a tricky situation. It’s not as simple as saying one automatically overrides the other. It would probably involve lawyers and maybe even a court to sort it out. This is exactly why it’s so important to make sure both documents say the same thing!

Okay, this sounds complicated. What should I do?

The best thing you can do is talk to a lawyer who specialises in this kind of thing. They can explain everything in plain English and help you create a Cohabitation Agreement and a Will that are right for you. They can also help you make sure both documents work together seamlessly.

Living together is a big decision. Taking the time to get these legal things sorted out might seem like a hassle, but it can save you and your partner a lot of heartache and stress down the road. It’s about protecting yourselves and each other.

If you find yourself cohabiting and needing a cohabitation agreement and / or a will,  get in touch with our team here. For updated information and advice, follow our social media channels.