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The difference between a Notarial Contract and Spousal Affidavit

What’s the difference between a Notarial Contract and Spousal Affidavit

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The Notarial contract is an official agreement between a South African citizen/permanent resident and a foreigner partner, which is in-turn notarised by an attorney. This contract includes information such as the rights and privileges of their relationship. Each notarial contract is unique and has no standard format as this is dependable upon couple’s requirements. Each notarial contract must be registered with the Registrar of Deeds. 

The Spousal Affidavit refers to a spousal relationship which allows official permission to a permanent conjugal relationship within the Republic of South Africa, other than a marriage or custom union. Foreign couples may not apply for a spousal affidavit or notarial contract as they would need to qualify individually in their own right for a visa/permit. Foreign couples wishing to be deemed as spouses need to adhere to spousal laws in country of residence.

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