The Cohabitation Agreement For Unmarried Partners is essential in South Africa where unmarried couples living together don't have the same legal protections as married couples. This agreement becomes particularly important as cohabitation becomes increasingly common in South African society, yet the law provides limited automatic rights to cohabiting partners. The document typically includes provisions for property ownership, financial responsibilities, mutual obligations, and separation arrangements. It's especially crucial given the precedent set by cases like Volks NO v Robinson, which highlighted the limited rights of unmarried partners. The agreement helps partners establish clear legal frameworks for their relationship, protecting both parties' interests and providing certainty in areas where South African law doesn't automatically grant rights to cohabiting couples.
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1. Parties: Identification and details of both cohabiting partners
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Duration and Commencement: When the agreement takes effect and how long it remains valid
5. Living Arrangements: Details of shared residence and household responsibilities
6. Financial Arrangements: How routine expenses, bills, and daily costs will be shared
7. Property Rights: Ownership and division of property acquired before and during cohabitation
8. Bank Accounts: Management of joint and separate bank accounts
9. Debts and Liabilities: Handling of existing and future debts, loans, and financial obligations
10. Dispute Resolution: Process for resolving disagreements between partners
11. Termination: Circumstances and process for ending the cohabitation agreement
12. Medical Decisions: Rights regarding medical decision-making and hospital visitation
13. Death of a Partner: Rights and arrangements in case of death of either partner
14. General Provisions: Miscellaneous legal clauses including governing law, amendments, and severability
1. Children: Arrangements regarding existing or future children, including financial responsibility and parenting arrangements
2. Pets: Ownership, care responsibilities, and arrangements for pets in case of separation
3. Business Interests: Protection and division of business assets and interests
4. Inheritance Rights: Specific provisions for inheritance beyond statutory rights
5. Retirement Benefits: Arrangements regarding pension and retirement accounts
6. Vehicle Arrangements: Ownership and usage rights of vehicles
7. Intellectual Property: Rights to intellectual property created during cohabitation
8. Insurance: Requirements for life, health, or property insurance
9. Gifts and Inheritances: Treatment of gifts and inheritances received during cohabitation
10. Religious or Cultural Practices: Specific arrangements regarding religious or cultural observances
1. Schedule A - Property Inventory: Detailed list of all property owned by each partner prior to cohabitation
2. Schedule B - Joint Property: List of property jointly owned or acquired during cohabitation
3. Schedule C - Financial Disclosure: Current financial status of each partner including assets and liabilities
4. Schedule D - Household Expenses: Breakdown of monthly household expenses and contribution splits
5. Schedule E - Valuable Items: List of valuable items and their agreed ownership
6. Appendix 1 - Proof of Ownership: Copies of property titles, vehicle registrations, and other ownership documents
7. Appendix 2 - Financial Accounts: List of all bank accounts, investments, and financial products
8. Appendix 3 - Debt Schedule: Detailed list of all debts and liabilities of both partners
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