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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:A Reflection on the Validity of the Common Law Marriage in Zambia
Author:Himonga, Chuma N.ISNI
Periodical:Zambia Law Journal
Geographic term:Zambia
Subjects:marriage law
Law, Legal Issues, and Human Rights
Marital Relations and Nuptiality
Abstract:Zambia's dualistic legal system recognizes three types of marriage. The first two forms of marriage, under the Marriage Act and customary law respectively, can be contracted in Zambia. The third form of marriage, the common law marriage, may be recognized by the courts but cannot be celebrated within the country. The present article clarifies the meaning and position of the common law marriage in Zambian law. It argues that while a common law marriage may be recognized by the courts under special circumstances according to private international law, it does not generally constitute a valid form of marriage under the law governing the celebration of marriages in the country. The argument is advanced in three parts. The first part examines the nature and validity of a common law marriage in English and Zambian law. The second part considers the distinction between the common law marriage and presumption of marriage. The third part discusses the recognition of the common law marriage under private international law. Notes, ref.