Due to the fact that there is no “law of cohabitation” regulating cohabitation in South Africa, it is essential for parties cohabiting to reduce the terms of their cohabitation to writing, as the South African courts have on occasion come to the assistance of such couples by deciding that an express or implied universal partnership (societas universorum bonorum) exists between the couple.
Proving the existence and terms of this agreement if not reduced to writing, is not easy.
Furthermore, unless expressly contained in a written agreement, No enforceable right to claim maintenance from a cohabitation partner exists either during the cohabitative relationship, or after termination of the relationship.