A cohabitation agreement that is not signed before a Notary Public and does not have a Protocol Number is simply a private contract between two parties. It has no binding effect on third parties.For your cohabitation agreement to be recognised by the Department of Home Affairs for visa purposes, by medical schemes for dependant registration, or by pension funds for nominee benefits, it must be notarially executed and allocated a Protocol Number.This means it must be:

  • Drafted by or with the assistance of a qualified legal practitioner
  • Signed by both parties in the presence of a Notary Public
  • Attested by the Notary Public who verifies the identity and signatures of both parties
  • Allocated a Protocol Number and filed in the Notary's Protocol

Warning: Online templates and privately signed agreements do not meet these requirements and will not be accepted by the Department of Home Affairs or other institutions.