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.