Legal Articles

There is a subtle difference between a notarial contract and a spousal affidavit. However, both documents are a crucial part of the application for a life partner visa in South Africa.

Difference Between a Notarial Contract and Life Partnership Affidavit

Notarial Contract

Also referred to as a notarial partnership agreement, this an official agreement which has been notarised by a South African attorney and exists between a South African citizen or permanent resident holder and their foreign national partner.

This is an agreement which allows a relationship to be legally sanctioned while being a strong alternative to a marital or customary union.

The purpose of this contract is to specify and fully encompass the true nature of the relationship between a South African and a foreign national by including details of the rights and privileges shared by both individuals as part of their partnership.

Due to the unique nature of every relationship, no notarial agreement is the same. Therefore, the notarial contract will be specifically defined by the couple, based on their personal relationship with one another.

In order for the notarial contract to be officially recognised as a legal document, it must be registered with the Registrar of Deeds in South Africa, or in the country where the relationship first became official.

Spousal Affidavit – Affidavit to Confirm Relationship

The spousal affidavit serves as a supporting document when applying for a life partner visa. It’s a sworn document stating specifically that a South African citizen or holder of permanent residence is in a legitimate and long-term partnership with a foreign national.

The period of the relationship must also be included in the document.

A spousal affidavit is in no way a legally binding document as is a marriage certificate. It simply serves as sworn proof that a long-term, mutually beneficial and committed relationship exists between the couple.

Van Deventer & Van Deventer Incorporated – Notary Public Sandton & Cape Town

For professional, legal assistance with your application for a life partner visa, including the drafting of your notarial contract and spousal affidavit, contact our attorneys.