The notarial contract pertaining to a spousal relationship referred to in section 1(1)(xxxvi) of the Act is a requirement to be concluded allow it to legally sanction 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 ans a protocol number is allocated.

There is no standard format for this notarial contract and each one will be unique according to the parties particular requirements and circumstances.

Louwrens Koen Attorneys offers a comprehensive co-habitation contract service, which service, inter alia includes:

• Drafting and finalising the contract in conjunction with the parties;
• Explaining their rights and responsibilities as well as the legal consequences of entering into the contract;
• Attesting signature of the agreement;
• Notarial true copies of the id/passports of the parties;
• Notarially binding and allocating Protocol number.

The cost of drafting and consultation to signature before notary costs R950.00.

For further information or to book a consultation contact us: