Cohabitation / Life Partnership agreements drafted, notarised, and attested by a Notary Public in South Africa are recognised in terms of section 1(1)(xxxvi) of the Act as a requirement, to be concluded by the parties to allow legal sanction of a permanent conjugal relationship, within the Republic, other than a marriage or a customary union concluded under the laws of the Republic.
The notarial Co-Habitation contract is a formal agreement entered into by a South African citizen/permanent resident and a foreign partner. The agreement setting out the details of the parties' rights and privileges in terms of their relationship is drafted and notarised by a South African notary. The parties must also appear and sign the agreement in the presence of the Notary Public. The Notary then issues a notarial certification relating to the above. The contract is signed originally in duplicate, and the second original contract is placed in the Protocol of the Notary and a protocol number is allocated.