Think you are married? These four elements should be there

There must be evidence that the parties intended to marry, and that both parties consented to the marriage. [iStockphoto]

The Supreme Court's decision two weeks ago, in which it defined parameters around which a "presumption of marriage" could be established, has significant ramifications of Kenya's marriage law and practice.

Until the decision, the High Court and Court of Appeal had wavered between two extreme positions. On one hand, a few courts had consistently refused to recognise marriages not contracted through custom or statute.