Cohabitation Agreements – Why Do Unmarried Couples Need One?
In South Africa, more couples are choosing to live together without getting married. While this arrangement offers flexibility, it also comes with legal uncertainties. Unlike married couples, unmarried partners are not automatically protected under South African law. This is where a cohabitation agreement becomes crucial.
A cohabitation agreement is a legally binding contract that outlines the rights and responsibilities of each partner during the relationship and in the event of a breakup. It covers critical aspects such as property ownership, financial contributions, debt responsibility, and even child custody arrangements.
Why Are Cohabitation Agreements Important?
- Clarity and Protection: Without a cohabitation agreement, disputes over assets or finances can become complicated and costly. South African law does not recognize “common-law marriage,” meaning unmarried couples have no automatic claim to each other’s assets.
- Financial Security: The agreement ensures that both partners are clear about their financial obligations, such as shared expenses or mortgage payments. It also protects individuals from being held liable for their partner’s debts.
- Child Custody and Maintenance: If the couple has children, the agreement can outline arrangements for custody and maintenance, ensuring the children’s best interests are prioritized.
- Avoiding Lengthy Legal Battles: A well-drafted cohabitation agreement can prevent lengthy and expensive legal disputes if the relationship ends.
How Engelsman Magabane Incorporated Can Help
At Engelsman Magabane Incorporated, our experienced family law attorneys understand the complexities of cohabitation agreements. We provide personalized legal advice to ensure your rights and assets are protected. Whether you’re entering a new relationship or have been living together for years, we can draft a comprehensive agreement tailored to your unique circumstances.
Don’t leave your future to chance. Contact Engelsman Magabane Incorporated today to schedule a consultation and secure your peace of mind.