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Dear Harold,
I moved in with my boyfriend despite vehement protests from my parents but I am now regretting the move since our come-we-stay relationship has hit the rocks.
We lived well and have a three-year-old daughter until he resorted to having a string of relationships with other women.
I am weighing my options and considering walking out but first, I would like to know whether the law would view our relationship as a marriage.
Salome, Nairobi
Dear Salome,
The law has recognized similar situations like yours and referred to them as presumption of marriage. The presumption can only be made when parties have lived together for some time. The court listens to both the man and the woman and decides whether the relationship amounts to marriage.
However, precedent shows that they are ‘unsafe’ unions especially when one dies or walks away and decides to marry another person.
Should such disputes arise and the woman is the one taking the matter to court, she must first prove that their relationship was meant to be a marriage and they thought themselves as husband and wife.
Normally, it takes a lot of time and effort to prove that a marriage was intended as the other party may object. However, this would be easier should the Marriage Bill pass into law as it recognizes couples that have stayed under one roof as legally married.
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