
Are you thinking of moving in together?
Moving in together with your significant other is an exciting and significant step in any relationship. While it’s a time of joy and adventure, it’s also important to consider the legal implications of cohabitation in South Africa. In this article, we’ll explore the benefits and drawbacks of a cohabitation agreement, and why having a will is crucial for couples living in a cohabitation agreement.
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What is a Cohabitation Agreement
A cohabitation agreement is a legal document that outlines the rights and responsibilities of each partner when living together. This agreement can cover everything from who pays the rent and bills, to how property and assets will be divided if the relationship ends. It’s important to note that cohabitation agreements are not automatically recognized by law in South Africa, so it’s important to have the agreement drawn up by a lawyer and signed by both partners.
Pros and Cons of Cohabitation Agreements
Pros:
Clear expectations: A cohabitation agreement provides clarity and certainty around each partner’s responsibilities and expectations.
Financial protection: A cohabitation agreement can help protect both partners financially in case of a breakup or other legal issues.
Customization: Couples can tailor the agreement to suit their specific needs and circumstances.
Avoid disputes: A cohabitation agreement can prevent disagreements or disputes from arising in the future.
Cons:
Cost: Hiring a lawyer to draft a cohabitation agreement can be expensive.
Emotional difficulty: Negotiating a cohabitation agreement can be difficult and may cause tension in the relationship.
Not legally binding: Cohabitation agreements are not automatically legally binding in South Africa, so it’s important to ensure the agreement is properly drafted and signed by both parties.
While a cohabitation agreement is an important legal document, it's also important to remember that it doesn't cover everything. For example, it doesn't provide for what will happen if one partner dies, which is why it's important to have a will in place when living in a cohabitation agreement.
When creating a cohabitation agreement, both parties should be transparent about their financial situation and assets. This will ensure that both parties have a clear understanding of their financial responsibilities and what they are entitled to in the event of a breakup or death. The agreement should also be reviewed and updated regularly to ensure that it still reflects the couple's wishes and circumstances.
What is a Will?
A will is a legal document that outlines how a person’s assets and property should be distributed after their death. Without a will, the courts will decide how to divide the assets, which may not reflect the wishes of the deceased or their partner. This is particularly important for couples who are not married, as South African law does not automatically recognize cohabitation relationships.
Pros and Cons of Having a Will
Pros:
Control: A will gives individuals control over who inherits their assets and property after their death.
Clarity: A will provides clarity and certainty around how the deceased’s assets and property will be distributed.
Protect loved ones: A will can help protect loved ones from potential legal disputes and ensure their financial security.
Cons:
Cost: Hiring a lawyer to draft a will can be expensive.
Emotional difficulty: Discussing a will can be emotional and difficult for loved ones.
Changing circumstances: It’s important to regularly update a will to reflect changing circumstances, which can be time-consuming and costly.
When living in a cohabitation agreement, it's important to have a will in place in order to ensure that your assets are distributed according to your wishes. Without a will, your assets may be distributed according to South African law, which may not reflect your wishes. Additionally, if you have children or other dependents, a will can provide for their care and support in the event of your death.
When creating a will, it's important to discuss your wishes with your partner and ensure that they are aware of your plans. You should also consider appointing your partner as your executor or beneficiary to ensure that your wishes are respected and your assets are distributed according to your wishes.
Bottom Line
Both cohabitation agreements and wills are important legal documents for couples who are moving in together. While there are pros and cons to each, they provide important protections and clarity around the legal implications of cohabitation and end-of-life planning. By taking the time to discuss and draft these documents, couples can protect themselves and their loved ones, and ensure their wishes are respected.

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