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Cohabitation Agreements

Marriage is regulated by specific laws that protect the individual in the relationship. Unfortunately, cohabitation offers no such comfort.

It is most advisable and more common these days for partners in a cohabitation relationship to draw up a contract similar to an Antenuptial Contract that regulates their respective obligations during the subsistence of their union and the consequences of the end of their relationship.

What is a Cohabitation Agreement?

These agreements are referred to as “Cohabitation Agreements”. Such agreements usually contain regulations regarding finances during the existence of the cohabitation relationship and deal with the division of property and assets upon its termination.

Such an agreement may even include an express provision for the payment of maintenance upon termination. If one partner refuses to follow the agreement, the other partner can approach a Court for assistance and in most cases, the Court will enforce the agreement.

Bailey Haynes Inc. – Attorneys in Cape Town

For more information on cohabitation agreements and for assistance in drafting your cohabitation agreement, please contact our attorneys in Cape Town.

 

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“No such thing as common-law marriage”

There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.

Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.

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Posted by Retha Smit on Wednesday, February 27, 2019 Views: 490


 

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Till death do us part – the effect your marriage regime has on estate planning

When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.

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Posted by Jesse Kriel on Thursday, January 31, 2019 Views: 500


 

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Customary Marriages and Community of Property

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as a marriage in terms of the Act. 

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Posted by Jacques Haynes on Friday, May 5, 2017 Views: 1522