A post-divorce cohabitation never equals a remarriage in Ethiopia: A case comment

Abstract

The conclusion of a (re)marriage is required to be made in one of the three modes of celebration under the Revised Family Code. Despite the legal significance of the celebration of a (re)marriage as a decisive element in the conclusion and proof of the (re)marriage, the Cassation Division of the Federal Supreme Court decided a case in which the post-divorce non-marital cohabitation between ex-spouses was considered to constitute a remarriage. In the decision, the court essentially over-looked the need for proof of the celebration of the remarriage. The author argues that the decision contradicts with the relevant legal rules. Thus, this case comment attempts to make a critical analysis of the various legal issues involved in the case at different levels with particular emphasis on the decision of the Cassation Divi-sion. In the analysis, the author argues that a post-divorce non-marital cohabita-tion would not amount to a remarriage between the ex-spouses. The reason is that the conclusion of the alleged remarriage between the ex-spouses would be pre-sumed only upon proof of its celebration in a certain form under the Revised Fami-ly Code.

Keywords: cohabitation, celebration, divorce, irregular union, marriage, proof, remarriage