Cohabitation – Living Together Agreement
The following form is intended for illustrative purposes only. You and your attorney can use this sample as a guide in drafting a cohabitation agreement that best protects your interests and complies with the laws in effect where you live.
Why do I need a Cohabitation Agreement?
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.
Who should use a Cohabitation Agreement?
Any unmarried couple in a relationship and living with each other could find this agreement useful.
Also known as:
- Conditions of Cohabitation
- Cohabitation Contract
It is advisable that you contact an attorney in regard to drafting such an agreement.
(The 1st Party)
(The 2nd Party)
1. The parties are currently living together in a domestic partnership and intend to continue living together in this arrangement;
2. The parties wish to define their respective proprietary rights and liabilities arising from their domestic partnership arrangement;
3. The parties each acknowledge that they enter into this agreement voluntarily, without any duress or undue influence, and that each has had the opportunity to consult with an attorney of his/her choice;
THE PARTIES AGREE:
1. Marital Status
The joint residency of the parties shall in no way render the parties married in any way, whether by operation of common law or any other law.
2. The Agreement
2.1 This Agreement consists solely of the mutual promises contained herein and the mutual promises of each party to act as the living companion and partner to the other.
2.2 This Agreement fully contemplates and compensates any and all services provided by either party for the benefit of the other during the course of their joint residency. The furnishing of sexual services shall in no way be construed as consideration for this Agreement.
3. Disclosure of Current Financial Status
Each party has fully and completely, to the best of his/her knowledge, disclosed to the other party his/her current financial condition including all assets and liabilities. Each party has attached a balance sheet to this agreement indicating his/her current assets and liabilities with the understanding that this balance sheet reflects his/her current financial status to the best of his/her ability.
4. Division of Living Expenses
Necessary and jointly approved living expenses shall be divided between the parties as below:
4.1 The 1st Party shall contribute _____________ percent ( ____%) per month;
4.2 The 2nd Party shall contribute _____________ percent ( ____%) per month.
The parties shall contribute their monthly pro rata contributions into the joint savings/current account of the parties. Any property purchased using funds in this account shall be considered to be the joint property of the parties and owned according to the respective party’s percentage of contribution as stated above. Either party may draw upon this checking account.
5. Separate Property
The following properties shall be kept by the parties as the separate property of the recipient and the said properties shall not be subject to division at the termination of this Agreement:
5.1 All and any property, real or personal, owned by a specific party at the date of execution of this Agreement;
5.2 Individual gifts, bequests or inheritances acquired before or after the execution of this Agreement;
5.3 Individual earnings, salary or wages acquired before or after the execution of this Agreement;
5.4 All income or proceeds derived from the aforementioned properties.
6. Commingling of Property
All commingled property shall be presumed to be joint property of the parties unless otherwise agreed.
7. Joint Property
All property acquired by the parties after the date of execution of this Agreement and before the termination of this Agreement and procured jointly with joint resources and funds shall be considered joint property of the parties with each party possessing his/her aforementioned percentage of ownership.
8. Division of Property upon Termination
Upon termination of this Agreement or termination of the joint residency, all jointly owned property shall be divided among the parties according to their pro rata share listed above. If the parties are unable to agree on the appropriate division of joint property, they may appoint an independent and mutually agreed upon Third-party to act as Appraiser. The Appraiser shall divide the property among the parties according to his/her pro rata share.
9. Duty of Good Faith and Confidentiality
9.1 This Agreement creates a fiduciary relationship between the parties in which each party agrees to act with the utmost of good faith and fair dealing toward the other in the management of their joint property and in all other aspects of this Agreement.
9.2 Without obtaining a parties’ written consent in advance, a party shall not directly or indirectly publish, or cause to be published, any diary, memoir, letter, story, photograph, interview, article, essay, account, or description or depiction of any kind whatsoever, whether fictionalised or not, concerning the relationship or any other aspect of a parties’ personal, business or financial affairs, or assist or provide information to others in connection with the publication or dissemination of any such material or excerpts thereof.
10. Legal Names of Parties
Each party shall retain his/her legal name, including surname, as printed and signed in this Agreement.
11. Duration of Agreement
This Agreement shall become effective at the date of execution and shall remain in effect until termination. Termination shall be effected by written notice by either party, cessation of the joint residency by either party or death of either party. Either party may terminate this Agreement unilaterally at any time.
12. Death of Party
Upon the death of either party, the surviving party waives all rights to support by the deceased party.
13. Complete Agreement
It is the intent of the parties that this Agreement be the full and complete agreement between the parties regarding their joint residency. No variation of this agreement shall be of force or effect unless reduced to writing and signed by both parties.
14. Severability of Provisions
Should any paragraph or provision of this Agreement be held invalid, void, or otherwise unenforceable, it is the intent of the parties that the remaining portions shall nevertheless continue in full force and effect without impairment.
15. Governing Law
This Agreement shall be governed by, interpreted and construed in accordance with the laws of the Republic of South Africa.
DATED at this day of 201_
DATED at this day of 201_