Co-Habitation Agreements Bedfordview

A cohabitation agreement is a private contract between unmarried partners that records ownership, contributions, debt, support promises and what happens on separation — South African law does not treat cohabitation as marriage, so the agreement does the practical work that assumptions cannot do. Unlike an antenuptial contract, a cohabitation agreement is not registered at the Deeds Office, but where spousal-visa, work-benefit or third-party recognition is at stake, it should be signed before a Notary Public, who allocates a protocol number. Burger Huyser Attorneys drafts, reviews and notarises cohabitation agreements from its Bedfordview branch at 45A Florence Avenue, Bedfordview (011 201 7190), tailoring each clause to the couple’s facts on property, contributions, children and separation mechanics.

Why Have a Cohabitation Agreement in Bedfordview

South African law does not recognise cohabitation as a marriage. There is no automatic duty of support between partners, no automatic inheritance on death, and no automatic right of occupation in a home owned solely by the other partner. The widely repeated “common-law marriage” myth is wrong — living together, however long, does not create one in South Africa.

Cohabitants therefore have none of the property, maintenance or pension protections that spouses and civil-union partners receive on separation or death. The cohabitation agreement is the practical tool that fills that gap, and the closer the couple’s financial lives are intertwined — shared bond payments, joint purchases, children, an unequal-contribution history — the more it matters. Where one partner is a foreign national, a notarial cohabitation contract with a protocol number is also used to evidence a permanent conjugal relationship for spousal-visa applications.

Bedfordview-based couples without a written agreement effectively leave the answers to default rules that rarely match what either party intended. The cost of putting the agreement in place is almost always less than the cost of arguing those defaults out years later.

What a Cohabitation Agreement Covers

A well-drafted cohabitation agreement works through the practical questions the relationship raises and the questions separation or death would raise if nothing were recorded. The standard scope includes:

• Asset schedule — what each partner owns at signature: bank accounts, vehicles, furniture, jewellery, crypto holdings and equity. The agreement records that pre-existing assets stay with their owner unless expressly reallocated.
• Future acquisitions — the ownership ratio for major purchases bought jointly after signature (a home at 60/40, furniture at 50/50). Absent a written record, equal ownership is presumed, which often does not reflect actual contributions.
• Contributions — how rent or bond instalments, utilities, insurance, school fees and groceries are split; how shortfalls are handled; and how the ratio is reviewed on a material change in income.
• Improvements — where one partner funds renovations on the other’s property, the agreement records whether that contribution creates a real right, a repayable loan, or a value-share claim on sale.
• Support on separation — whether either partner will receive maintenance, how the amount is calculated, how long it runs, and what triggers it. No automatic spousal-type duty applies to cohabitants, so the document is what makes any support promise binding.
• Children — a parenting plan consistent with the Children’s Act 38 of 2005 covering care, contact and a maintenance framework. The agreement can later be made an order of court.
• Dispute resolution — good-faith discussion first, mediation within a defined period, then arbitration, unless urgent court relief is needed. Keeping conflict out of open court protects both cost and privacy.
• Privacy, safety and review — digital privacy, financial confidentiality, a domestic-violence clause (relevant under the Domestic Violence Act 116 of 1998), and an annual review so the document stays aligned with reality.

Drafting vs Template: What an Attorney-Drafted Agreement Adds

Not every couple needs the same route. The table below sets out the three practical options and what each typically leaves out.

Route	Best for	What is typically missing
Online template or downloadable PDF	Couples with simple facts who want a structure checklist	Unequal-contribution clauses, property-renovation claims, dispute-resolution mechanics, an evidence pack on signing
Attorney-drafted, privately signed	Couples with property, joint debt, children, or unequal contributions	A notarial protocol number — so the document is not effective for spousal-visa or third-party recognition
Attorney-drafted, signed before a Notary Public	Couples needing spousal-visa, work-benefit or pension-fund recognition, or maximum evidentiary weight	Higher cost than a template; not appropriate as a substitute for a will or antenuptial contract

The third route is the one Bedfordview-based couples most often need. The Notary allocates a protocol number and retains the second original, which is the recognition layer outside the parties’ private contractual relationship and the criterion third parties (Home Affairs, pension funds, employers) look for.

The Local Filing Layer: Where the National Process Hits Bedfordview

A cohabitation agreement is a private contract under South African common law. It does not file at the Deeds Office and is not the same as an antenuptial contract, which must be attested by a Notary and registered with the Deeds Office within three months of marriage under the Deeds Registry Act 47 of 1937.

Where the agreement is signed before a Notary Public, the Notary allocates a protocol number and retains the second original — that protocol number is the layer that gives the document traction for spousal-visa, work-benefit and pension-fund recognition. The Bedfordview (Ekurhuleni side) Magistrates’ Court is not a filing venue for a cohabitation agreement: the document is contractual between the parties, not a court process, so couples should not expect to file it at the magistrate’s office.

Burger Huyser Attorneys’ Bedfordview branch at 45A Florence Avenue, Bedfordview, 2008 (tel 011 201 7190, after-hours mobile 061 536 3223) drafts and notarises on the same file, with qualified attorneys Natasha van Deventer (Notary, Family Law) and Amanda le Roux (Notary and Conveyancer) handling the Bedfordview notarial work. The firm’s broader Family Law department, led by Director Anna-Mi Nel, runs more complex files involving property disputes, children or trust structures.

Where a couple later separates and the agreement is silent on a particular point, the courts can still recognise a universal partnership — most notably in Butters v Mncora (SCA, March 2012), where the Supreme Court of Appeal awarded a 30% interest after roughly twenty years of cohabitation as a tacit universal partnership. A well-drafted agreement reduces the risk of that litigation in the first place. On intestate succession, the Constitutional Court in Bwanya v Master of the High Court, Cape Town [2021] ZACC 51 declared section 1(1) of the Intestate Succession Act 81 of 1987 and section 2 of the Maintenance of Surviving Spouses Act 27 of 1990 unconstitutional insofar as they exclude opposite-sex permanent life partners, with the order suspended to allow Parliament to cure the defect — an area where the law is still moving.

What to Look for When Choosing a Cohabitation Agreement Attorney in Bedfordview

Five practical criteria tend to separate a good fit from a loose one:

1. Notary on staff or close referral network. Drafting and notarial execution should happen on one file, with the protocol number allocated at signing rather than handed off to a third party.
2. Family-law depth. Cohabitation agreements overlap with property, succession and Children’s Act matters; a generalist drafter can miss the overlap.
3. Direct attorney access. Drafting is partner-grade work, not candidate-attorney handoff — particularly where property or unequal contributions are in play.
4. Plain-English drafting. The document has to read well in peacetime and hold up under pressure. Legalese that neither party understands is its own risk.
5. Transparent cost conversation. Fees should be quoted up front after an initial review of facts, not estimated loosely before engagement.

Burger Huyser Attorneys’ Bedfordview bench meets that profile directly: the branch drafts and notarises on the same file, Natasha van Deventer and Amanda le Roux cover the notarial and conveyancing side, and the firm’s wider Family Law department — led by Director Anna-Mi Nel — handles files that escalate into property, Children’s Act or trust work.

Practical Considerations: Cost, Timeline, What to Bring

Cohabitation-agreement fees depend on complexity. A short, already-agreed agreement that only needs notarial attestation is at the lower end of the range; full attorney-drafting plus notarial execution — especially where there is property, children, or unequal contributions — runs higher. Burger Huyser Attorneys quotes per file after the first Bedfordview-branch consultation and will give a transparent cost conversation up front rather than a loose pre-engagement estimate.

Drafting typically takes two to four weeks once both parties have exchanged full financial disclosure. The signing — whether before a Notary or as a private contract — follows once both partners are satisfied with the draft. Files involving property, children or trust structures take longer than a short, agreed contract.

To make the first consultation useful, bring:

• Identity documents for both partners.
• Recent bond statements or the lease agreement for the shared home.
• A list of existing assets and debts for each partner.
• Any prior wills (the cohabitation agreement pairs with updated wills and corrected beneficiaries on policies and retirement funds).
• Details of any prior or existing children from the relationship.

If you and your partner are moving in together — or already living together — and want a Bedfordview-based attorney to draft and notarise a cohabitation agreement tailored to your facts, contact Burger Huyser Attorneys’ Bedfordview branch on 011 201 7190 (after-hours 061 536 3223) or visit the office at 45A Florence Avenue, Bedfordview, 2008. The Bedfordview office drafts and notarises on the same file, with a protocol number allocated at signing where spousal-visa, work-benefit or third-party recognition is needed. The firm’s Family Law department is led by Director Anna-Mi Nel, with Natasha van Deventer and Amanda le Roux handling Bedfordview notarial and conveyancing work; more complex files involving property, children or trusts run through the same team. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex-verified “Top Rated Law Firm in South Africa”) and serves clients across Gauteng from nine branches.

Frequently Asked Questions

How much does a cohabitation agreement cost in Bedfordview?

Fees depend on complexity. A short, already-agreed agreement that only needs notarial attestation is at the lower end of the range; full attorney-drafting plus notarial execution, especially where there is property, children, or unequal contributions, runs higher. Burger Huyser Attorneys quotes on a per-file basis after the initial consultation at the Bedfordview branch (011 201 7190), and will give a transparent cost conversation up front rather than a loose pre-engagement estimate.

Do we have to sign the cohabitation agreement before a Notary Public?

Not legally required for the agreement to be enforceable between the parties, but notarial execution with an allocated protocol number is required where the agreement is relied on for spousal-visa, work-benefit or pension-fund recognition, and strengthens evidentiary weight if the agreement is ever disputed. Burger Huyser’s Bedfordview branch drafts and notarises on the same file so the protocol number is in place at signing.

Can we sign a cohabitation agreement after we’ve already moved in together?

Yes — many couples sign after cohabitation has begun. The agreement then records the baseline (what each partner brought in) and defines the rules for the future, including improvements, joint acquisitions and separation mechanics.

What’s the difference between a cohabitation agreement and an antenuptial contract?

A cohabitation agreement governs an unmarried couple living together and is a private contract that is not registered at the Deeds Office. An antenuptial contract (ANC) is signed before marriage, must be attested by a Notary and registered with the Deeds Office within three months under the Deeds Registry Act 47 of 1937, and sets the matrimonial property regime for the marriage (in community of property, out of community with accrual, or out of community without accrual under the Matrimonial Property Act 88 of 1984).

Does a cohabitation agreement cover our children?

Only if you include a parenting-plan section compliant with the Children’s Act 38 of 2005. The agreement can record care, contact and a maintenance framework; both biological parents remain liable for child maintenance regardless of whether they were ever married. Same-sex couples may need additional advice where biological parentage is not shared.

How long does it take to draft a cohabitation agreement?

Drafting typically takes two to four weeks once both parties have exchanged full financial disclosure. The signing, whether before a Notary or as a private contract, follows once both partners are satisfied with the draft. Files involving property, children or trust structures take longer than a short, agreed contract.

Where is the Burger Huyser Bedfordview branch, and what are the hours?

45A Florence Avenue, Bedfordview, Johannesburg, 2008. Telephone 011 201 7190, mobile 061 536 3223. Open Monday to Friday, 7:30am to 4:30pm, with the after-hours mobile line available for urgent matters.