Notary Public and Notarial Services

 

 

 

Ideally, yes, both partners should be present to sign before the Notary Public simultaneously. This is the most straightforward and preferred method, ensuring both parties are clearly identified and witness each other's signatures.

However, if simultaneous presence is impossible, signing via Power of Attorney (POA) can be facilitated.  One partner can grant a Power of Attorney to an Aucamp Attorneys representative (or another trusted individual) to sign on their behalf before the Notary. This POA document itself must also be properly executed and may require notarisation depending on the circumstances.

Both parties to a cohabitation must sign the agreement in front of an admitted and practising Notary Public, in the presence of two competent witnesses. The Notary Public will attest to the identity and signature of the parties.

The Notary Public’s stamp or seal is usually affixed on the last page of the agreement. It is general practice to refer to the Notary Public’s protocol number in the cohabitation agreement.

There are several reasons why parties who are cohabitating should consider entering into a cohabitation agreement which regulates their proprietary affairs.

The main reason relates to a partner’s right to maintenance or support. The current position with regards to the right to maintenance or support from the estate of a deceased domestic partner, is that no such right automatically exists.

A surviving partner will find it very difficult to convince the courts of his/her right to claim maintenance or support from a deceased domestic partner’s estate, if the parties did not enter into a binding contract with the intention by both parties to be legally bound.

Various other issues need to be considered when parties are cohabitating, i.e. finances during the existence of the relationship, joint ownership of assets, division of estates upon termination of the relationship, investment, maintenance, death and children.
 

For notarisation, we typically require

  • The Life Partnership Agreement document: The final, agreed-upon agreement, ready for signing. Note: As Notaries, we generally do not draft these agreements; clients should obtain legal drafting assistance from an Attorney.
  • Original Identification Documents (ID): Acceptable forms of ID for FICA compliance include valid South African ID books/cards, passports (for foreign nationals), and driver's licenses (in some cases, check current FICA guidelines). Certified copies may be acceptable in specific circumstances, but originals are preferred.
  • Proof of Address: Recent (within 3 months) proof of residential address for each partner, complying with FICA requirements (e.g., utility bill, bank statement).
     

Yes, absolutely. Life Partnership Agreements in South Africa are applicable to both heterosexual and same-sex couples who are living together in a committed relationship.  The legal principles and notarisation process are the same, regardless of the couple's gender.

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Life Partnership Agreements in South Africa

Modern relationships often extend beyond traditional marriage.  In South Africa, Life Partnership Agreements provide a legally sound way for unmarried couples – whether same-sex or heterosexual – to formalize their commitment and protect their individual and shared interests, reflecting the reality of contemporary partnerships.

What is a Life Partnership Agreement?

A Life Partnership Agreement (also known as a Cohabitation Agreement) is a legally binding contract specifically designed for unmarried couples in South Africa, whether heterosexual or same-sex, who are living together or planning to cohabitate. This agreement, drafted and notarised by a South African Notary Public, clearly outlines each partner's rights and responsibilities concerning assets, finances, and property during the relationship and, importantly, how these matters will be handled should the partnership dissolve. Both partners must be present to sign the agreement before the Notary, who then provides official notarisation, formalizing the agreement.

For unmarried couples in South Africa, whether heterosexual or same-sex, a Notarised Life Partnership Agreement (also known as a Cohabitation Agreement) is a vital step towards securing your future together. This legally binding agreement, expertly drafted and certified by a South African Notary Public, provides clarity, protection, and legal recognition for your relationship, addressing crucial aspects of your shared life.

Why Notarise Your Life Partnership Agreement?

While a Cohabitation Agreement itself provides a framework for your relationship, notarisation by a Notary Public significantly strengthens its legal standing and enforceability. This is particularly important because:

  • Department of Home Affairs Requirements For certain Visa applications, especially spousal visas in South Africa, a notarised Life Partnership Agreement is often a mandatory requirement to demonstrate the genuine and lasting nature of your relationship. It can also be vital for proving cohabitation when registering a partner on medical aid.
  • Enhanced Legal Recognition Notarisation provides formal authentication and proof of the agreement's validity, making it more readily accepted and respected by legal and administrative bodies in South Africa.
  • International Recognition For same-sex couples or couples moving to countries where civil unions are not fully recognized, a notarised Life Partnership Agreement can serve as crucial evidence of your committed relationship in international contexts.

A Notarised Life Partnership Agreement is a valuable tool 

  • Any Unmarried Couple Living Together Whether you are just starting cohabitation or have been living together for years, this agreement provides clarity and protection.
  • Couples Applying for Life Partner Visas in South Africa A notarised agreement is often essential for meeting visa requirements and demonstrating the authenticity of your partnership to the Department of Home Affairs.
  • Same-Sex Couples Seeking Recognition Abroad For couples in civil unions planning to move to countries that may not fully recognize such unions, a notarised agreement can offer valuable supplementary proof of your committed relationship.

Key Elements of a Notarised Cohabitation Agreement

A comprehensive Notarised Cohabitation Agreement should address critical aspects of your partnership, including:

  • Identification of Parties Clear details of both partners involved, including names and residential addresses.
  • Asset and Liability Division Similar to an antenuptial contract, the agreement should define how assets and liabilities (both pre-existing and acquired during the relationship) will be owned, managed, and divided, both during the partnership and upon separation or death.
  • Property Ownership Specify whether your home (or any property) is jointly or solely owned. If jointly owned, the agreement should detail the share each partner holds. For leased properties, it should outline procedures for vacating the property if the relationship ends.
  • Household Goods Division Detail how household goods will be divided in case of separation. An attached inventory of individually owned property (pre-relationship or acquired during) can prevent disputes during division.
  • Financial Management Outline how finances will be managed throughout the partnership, including contributions to household expenses, joint accounts, and savings.
  • Maintenance and Support Address potential maintenance obligations or financial support arrangements between partners, both during and after the relationship.
  • Children (if applicable) While a Cohabitation Agreement cannot determine custody, it can address practical issues related to children and financial support, although these clauses regarding children may not be legally binding in the same way as agreements between divorcing or separating married couples.
  • Inheritance and Wills Explicitly state that Life Partnership Agreements do not grant automatic inheritance rights. Emphasize the importance of having up-to-date Wills to ensure your partner inherits as intended.

The Notarisation Process at Aucamp Attorneys

  • Drafting and Review Our expert attorneys will assist you in drafting a comprehensive Life Partnership Agreement tailored to your specific circumstances and wishes.
  • Notarisation by a Notary Public Once the agreement is finalized, both partners must appear before a Notary Public (from Aucamp Attorneys) to sign the agreement formally. Alternatively, we can facilitate signing via Power of Attorney if personal appearance is not feasible.
  • Notarial Certification The Notary Public will issue a formal notarial certificate, confirming the agreement's authenticity and proper execution.
  • FICA Compliance For Notarisation, we require certified copies of each partner's ID and Proof of Address to comply with Financial Intelligence Centre Act (FICA) regulations.

Expertly Notarised Life Partnership Agreements - Guidance from Aucamp Attorneys

A Notarised Life Partnership Agreement is a prudent and responsible step for any unmarried couple in South Africa.  Aucamp Attorneys' experienced team of attorneys and Notaries Public can guide you through the entire process, ensuring your agreement is comprehensive, legally sound, and effectively notarised. Contact us today to discuss your needs and create a Notarised Life Partnership Agreement that provides you with the security and peace of mind you deserve.