Life partnership agreements differ from a marriage in that it is neither binding to the husband or the wife or both parties involved. Although the courts have decided whether an express or implied partnership exists, it becomes problematic in proving that such legal obligations exist. Life partnership (cohabitation agreements) are unique in that they have the same legal consequences as that of a marriage, but parties are not legally bound to each other. Life partnership (cohabitation agreements) are terminated either by the relationship failing or by death of either party.
The law does, however, allow couples who wish to remain unmarried to have something in writing to prove the existence of their relationship, thus constituting a contract of sort. It is in this written notarial cohabitation agreement where couples specify the legal and propriety consequences of their relationship. This type of contract can be tailored to suit the needs of the couple concerned.
In certain Visa applications at the Department of Home Affairs, the Life Partnership Agreement notarised by a Notary Public can be a requirement. This could include applying for a valid spousal visa in South Africa, or trying to prove the existence of a cohabitation relationship in order to register an unmarried partner in a medical aid.
A Cohabitation Agreement sets out the financial terms of a couple’s relationship, and provides protection for the parties upon death, or should the relationship fail. In case of homosexual couples, this type of agreement can assist to prove the existence of their relationship/marriage in countries were civil unions are not yet recognized as a valid union.