"The harder I practice, the luckier I get." - Gary Player
Studies have shown that the marriage rate in South Africa is declining, as opposed to the cohabitation rate that is definitely on the rise.
There is no separate statute governing the breakdown of the relationship of cohabiting couples. Unlike divorcing spouses, cohabitees must turn to complex and sometimes archaic principles of property, trust, and contract law to settle their differences, if they decide to part ways. Difficult issues can also arise upon the death of one of the parties. It is therefore prudent for couples living together to carefully consider the option of contracting with one another beforehand. This approach creates certainty for both parties in the event that the relationship comes to an end.
We advise on all aspects of cohabitation, from the drafting of the cohabitation agreement, to resolving the complex issues that can arise on separation.