WHAT IS MARRIAGE?
Marriage is a civil status, a personal relationship arising out of a civil contract between a male and female to mutually assume marital rights, duties and obligations, to which the consent of parties capable of making such a contract is essential. Domestic Relations Law Sec. 2.1
However, Consent alone will not constitute marriage; consent must be followed by the issuance of a license and solemnization as authorized by the Domestic Relations Law.
Example 1: Ben and Patience are 25 and 22 respectively. They are in love and consent to getting marry. They obtain their license and their marriage is solemnized by Pastor Emeka from Winner’s chapel who issues them a certificate. Marriage is formed in this case.
Example 2: Ali and Teta are two lovers who have shared the same household for three years now. Teta is adamant towards Ali that he should marry her. However, Ali convinces Teta that according to the “new Law” when a man and a woman live together for one year they can be considered as married people. There is no marriage in this case.
Marriage under the Customary Law, has the same definition as enshrined in the domestic relations law with the only difference being the payment of a dowry.
Example 1: Peter and Hope are in love and decide to get marry according to the Krahn tradition. Peter’s family and Hope’s family sit together and Peter pay 300 USD plus many other gifts including a car and wine. Marriage is formed in this case.
Example 2: Alex and Princess have been lovers for two years now. Alex decides to meet with Princess’ parents so as to inform them that their daughter will from now on be living with him and that if they are looking for her they should know that she will be with him. He buys a bottle of wine for the parents in the process. This will not be considered as a marriage since there was no formal payment of a dowry. (the main consideration here is how dowry is paid according to each tribe traditions or rites)
LEGAL IMPLICATIONS OF MARRIAGE AND LOVE AFFAIRS
- Implications on the children
In Liberia, marriages are brought about either by the performance of Religious rites, civil ceremonies or the payment of dowry under the customary law. These modes of matrimony are recognized as valid and unless either is performed between man and woman before a child is born to them, such child is illegitimate under the law at birth and, therefore, belongs exclusively to the mother until he/she is legitimized, adopted or acknowledged by the purported father. (Dixon vs. Ricks Fleming 32 LLR, P.134 (1984)
Children begotten out of lawful marriage cannot inherit from their purported father if the latter did not either acknowledge, adopt or legitimize them before his demise. (Dixon vs. Ricks-Fleming 32 LLR, P.134 (1984)
Children born out of wedlock are automatically legitimated when their natural parents subsequently intermarry and become for all purposes the legitimate child of both parents and entitled to all the rights and privileges of legitimacy as if born during the wedlock of the parents (See DRL Sec. 4.91)
This also implies that if a woman has children born out of wedlock (who are not legitimized by the natural father), and then subsequently gets married to another man, such woman’s children cannot inherit from their stepfather (their mother’s husband) unless he adopts them.
Marriage of the mother and the stepfather in such case will not serve as a legitimacy tool for the children.
Example 1: Steve and Sarah give birth to Franck and Amie out of holy wedlock. Sarah and Steve later on separate without Steve legitimizing the two children. Sarah then meets Bill who decides to pay her dowry to her parents. Bill and Sarah give birth to a child that they name Paul. Bill does not adopt Sarah’s two children begotten out of wedlock. Upon Bill’s death, only Paul who was born in wedlock can inherit from Bill; Frank and Amie are not entitled to inherit from Bill but only rather from their mother Sarah.
Example 2: Thomas and Teta are two lovers who begot a child named Lomax out of wedlock. Thomas fails to legitimize Lomax and subsequently gets marry to Chantal with whom he has three children. Upon Thomas’ demise, Lomax cannot inherit from him since Lomax was not legitimize by Thomas while he was alive.
Example 3: Henry and Bernice give birth to two children that they named Victor and Pauline out of wedlock. Two years later, Henry pays Bernice’s dowry to her parents. Victor and Pauline who were illegitimate before the payment of the dowry will automatically be legitimated upon its payment. Henry in this case does not need to go to court to legitimize his two children.
II. Implications on property
Immediately after marriage, the wife shall be entitled to 1/3 of her husband’s property personal and real and vice-versa regardless whether he/she helped him/her to acquire said property.
The wife/husband and the children of their marriage, if any, are the prime beneficiaries of each other estate upon the death of one of the spouses according to the Statute of Descent and Distribution.
A husband cannot exclude his wife from his will or will to her less than 1/3 of his property that she is constitutionally entitled to.
When a wife as plaintiff prevails in an action to obtain a divorce, the court in the final judgment shall award her not less than one-fifth nor more than one-third of the defendant husband’s personal property outright and not less than one-fifth nor more than one-third of his real property for life
Parties in casual love affairs are not entitled to these rights.
Parties in casual love affairs who acquire property while sharing the same household will only get those properties bearing their name upon separation, i.e. property that they own.
They are not entitled to inherit from each other under the Statute of Descent and Distribution (Unless of course they will property to each other).
Example 1: Sompon and Catherine got married in the “you will never die” church. During their marriage, Sompon bought two cars and built four houses. Before their marriage, he owned three warehouses at redlight market on which he collected rent. Sompon and Catherine begot three children. Upon Sompon’s death, all his properties will be divided between his wife and his children only.
Example 2: Alice and Edward lived together for four years without Edward either paying Alice’s dowry or marrying her in church. During their time together, Edward bought a land which he probated and registered in his name, two beds and mattresses also in his name and a Nissan Patrol. Upon separation of Alice and Edward, Alice will have no interest whatsoever in Edward’s property.
NOTE
The Domestic Relations Law provides for damages for a party aggrieved as a result of a breach of promise, contract or engagement to marry, which fall under the category of injuries to domestic relations. (See DRL sec. 13.1 and 13.2)
Therefore, a party aggrieved as a result of a broken engagement, contract or promise to marry only remedy is to sue for damages for injury to domestic relations; provided however that the said aggrieved party is not responsible for the breach.
It is therefore important to make a clear distinction between marriage and engagement. While the first creates mutual obligations between the two parties, the second is just a promise which can be broken with the only legal consequence being the eventual payment of damages for injury to domestic relations.
Example: James and Patricia are two lovers. James proposed to marry Patricia and she agrees. An engagement party is organized where the two families meet formally and where James officially announces his intention of marrying Patricia. Few months later, James meets Precious and pays her dowry to her parents. Patricia can only sue James for breaking his promise to marry her but is not entitled to any of his property or to inherit from him in case of death.
corpusjurisliberia 