A Post-Divorce Cohabitation Never Equals a Remarriage in Ethiopia: A Case Comment

Abstract

The conclusion of a (re)marriage in Ethiopia 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 overlooked 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 Division. In the analysis, the author argues that a post-divorce non-marital cohabitation would not amount to a remarriage between the ex-spouses to produce the legal effects of a marital union. The reason is that the conclusion of the alleged remarriage between the ex-spouses would be presumed only upon proof of its celebration in a certain form under the Revised Family Code.