Frequently Asked Questions
Everything you need to know about life partnership agreements for visa applications.
About the Agreement
What is a life partnership agreement?
A life partnership agreement is a legally binding contract between two people in a committed relationship who are not married. It is signed before a Notary Public and sets out the rights and obligations of both partners. For visa purposes, it serves as formal proof of your life partnership.
Is this the same as a cohabitation agreement?
Yes. A life partnership agreement and a cohabitation agreement are the same document. The term “life partnership agreement” is commonly used in the context of visa applications, while “cohabitation agreement” is the broader legal term. The Department of Home Affairs accepts both terms.
Will Home Affairs accept this agreement?
Yes. Our agreements are notarially executed, bound into the notarial protocol, and issued with a protocol number — which is exactly what the Department of Home Affairs requires under Section 11(6) of the Immigration Act.
Is the agreement legally binding?
Yes. A notarial life partnership agreement is a valid and enforceable contract under South African law. It carries significant evidentiary weight because it is executed before a Notary Public.
Is the agreement only for the visa, or does it have other legal effects?
The agreement serves both purposes. It satisfies the DHA requirement for a life partner visa, and it is a legally binding contract that governs your rights and obligations as partners. It protects both of you regardless of the visa application.
The Process
How long does it take?
Drafting takes 2–3 business days after we receive your completed application. The signing appointment takes 30–45 minutes. From start to finish, most couples have their notarised agreement within a week.
Can you do this urgently? We have a visa deadline.
We understand that visa applications have deadlines. In urgent cases, we may be able to expedite the drafting. Contact us and let us know your timeline.
Do both partners need to be present?
Yes. Both the South African partner and the foreign national partner must appear in person before the Notary Public. The notary must verify both parties’ identities and ensure both understand and consent to the terms. This is a legal requirement.
What if my partner is still overseas?
We can begin the drafting process while your partner is overseas so the agreement is ready to sign as soon as they arrive in South Africa. Both partners must be physically present for the signing — this cannot be done remotely or by power of attorney.
Can we do this by correspondence if we’re not in Pretoria?
The signing must happen in person at our Pretoria office. However, the entire process leading up to the signing — application, drafting, review — happens online and by phone. You only need to visit us once, for the signing appointment.
What documents do we need to bring?
- South African partner: Original SA ID (green barcoded ID book or smart ID card)
- Foreign national partner: Valid passport
- If previously married: Divorce decree or death certificate of former spouse
Visa-Specific Questions
Do we need to have lived together for 2 years already?
The Department of Home Affairs typically requires evidence of at least two years of cohabitation in an exclusive relationship. However, the notarial agreement itself can be entered into at any time. If you have not yet reached the two-year mark, the agreement is still valid — but your visa application may need additional supporting evidence to satisfy the relationship duration requirement.
Do you handle the visa application?
No. We draft and notarise the life partnership agreement. The visa application itself must be submitted to the Department of Home Affairs, either directly or through a registered immigration practitioner.
Can you recommend an immigration practitioner?
We can provide referrals to immigration practitioners we have worked with. Ask us when you apply.
Does the life partner visa apply to same-sex couples?
Yes. The life partner visa under Section 11(6) applies equally to same-sex and opposite-sex couples. Our process and fee are the same for all couples.
I’m renewing my visa — do I need a new agreement?
If your existing notarial agreement is still current and accurately reflects your circumstances, it can typically be used for a renewal. If your circumstances have changed or the agreement is outdated, we can prepare a new one or an amendment.
Cost and Payment
How much does it cost?
R1,700 all-inclusive. This covers consultation, drafting, legal explanation, notarial attestation, certified copies, protocol number, and filing. No hidden fees.
When do I pay?
Payment is due upon acceptance of the quote, before drafting begins. We accept EFT (electronic funds transfer). A tax invoice is provided.
Is this cheaper than going through an immigration practitioner?
Yes. Many immigration practitioners outsource the notarial agreement to a notary and charge R3,000–8,000 for this component alone. By coming directly to us, you pay only R1,700.
After the Agreement
What if we later get married?
If you decide to marry, the life partnership agreement does not automatically fall away. You should have a prenuptial (antenuptial) contract drafted before your wedding, which will govern your matrimonial property regime. We can assist with that as well.
Can we change or cancel the agreement?
Yes. The agreement can be amended by a notarially executed addendum, or cancelled by a deed of cancellation signed before a Notary Public. Contact us for a quote.
What happens if we separate?
The terms of your life partnership agreement govern what happens on separation — how assets are divided and whether any financial support continues. This is one of the reasons the agreement protects both partners.
Still Have Questions?
Contact us directly — we’re happy to help.
Phone: 087 001 0733 | 073 686 9078
Email: admin@louwrens-koen.co.za