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Non Cohabitation Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Cohabitation Agreement

"Need a Non Cohabitation Agreement for two medical professionals in Johannesburg who want to maintain separate residences while dating, with specific provisions for shared business investments and professional confidentiality, to be effective from March 2025."

Document background
The Non Cohabitation Agreement serves as a crucial legal instrument in South Africa for parties who wish to maintain a relationship while explicitly documenting their intention not to cohabitate or create legal obligations typically associated with domestic partnerships. This document becomes particularly important in a jurisdiction where common law marriages and domestic partnerships may be recognized through conduct and shared living arrangements. The agreement typically includes provisions for separate residences, financial independence, property rights, and optional arrangements regarding shared assets or responsibilities. It helps prevent future disputes about the nature of the relationship and protects individual rights and assets. This type of agreement is especially relevant in modern relationships where parties choose to maintain independent lives while being in a committed relationship.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Declaration of Non-Cohabitation: Clear statement of parties' intention to maintain separate residences and not to be regarded as life partners

5. Separate Residences: Details of each party's separate living arrangements and confirmation of maintaining distinct households

6. Financial Independence: Confirmation that each party maintains financial independence and separate estates

7. Property Rights: Clarification that each party retains sole ownership of their respective properties and assets

8. Relationship Status: Clear statement that the relationship does not constitute marriage or domestic partnership

9. Duration and Termination: Terms regarding how long the agreement remains in effect and circumstances for termination

10. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

11. Signatures: Execution clause and signature blocks for parties and witnesses

Optional Sections

1. Shared Property Arrangements: Used when parties share ownership of certain assets despite living separately

2. Children and Parenting: Required when parties have children together, outlining custody and access arrangements

3. Shared Expenses: When parties agree to share certain expenses despite living separately

4. Dispute Resolution: Detailed procedures for resolving conflicts, recommended for complex relationships

5. Social Media and Privacy: Guidelines for social media posts and privacy when parties are in a public relationship

6. Emergency Contact Rights: Defines rights and limitations regarding medical emergencies and decision-making

7. Future Cohabitation Terms: Procedures to follow if parties decide to cohabitate in the future

Suggested Schedules

1. Schedule A - Personal Property Inventory: Detailed list of each party's personal property and assets

2. Schedule B - Shared Property Details: List and terms of any property jointly owned despite non-cohabitation

3. Schedule C - Financial Obligations: Details of any shared financial responsibilities or arrangements

4. Schedule D - Contact and Access Arrangements: Specific details about how parties will maintain contact and access to shared spaces if any

5. Appendix 1 - Proof of Separate Residences: Documentation proving separate living arrangements

6. Appendix 2 - Financial Statements: Current financial positions of both parties at time of agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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