SCHOOL OF LAW

THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE

REQUIREMENTS FOR DEGREE OF BACHELOR OF LAWS
(LLB)AT SCHOOL OF LAW, GAMBELLA UNIVERSITY

GIVING LEGAL PROTECTION TO IRREGULAR UNION

WITHOUT GOING AGAINST THE INSTITUTION OF MARRIAGE
UNDER ETHIOPIAN FAMILY LAW, IN CASE OF GAMBELLA
REGION

PREPARED BY:

ASSEFA ESUBALEW

JUNE, 2024.

GAMBELLA, ETHIOPIA
 Contents Pages

Table of content

I
ACRONYMS AND ABRIVATION.......................................................................................................III
Board of examiners.......................................................................................................................IV
Declaration.....................................................................................................................................V
AKNOWLEDGEMENT.....................................................................................................................VI
ABSTRACT...................................................................................................................................VIIII
CHAPTER ONE…………………………………………………………………………1

INTRODUCTION........................................................................................................................1
1.1 Background of the study....................................................................................................1
1.2 Statement of the problem...................................................................................................3
1.3 Research Question..............................................................................................................5
1.4 Objective of the study.........................................................................................................5
1.5 Hypothesis of thesis.............................................................................................................6
1.6 Methodology of the thesis...................................................................................................6
1.7 Limitation of the study.......................................................................................................7
1.8 Significance of the study.....................................................................................................7
CHAPTER TWO............................................................................................................................8
GENERAL OVER VIEW OF MARRIAGE..................................................................................8
2.2 Marriage defined.................................................................................................................9
2.3 Types of Marriage recognized under the family law of the Gambella peoples national
regional state.............................................................................................................................10
2.3.1 Civil marriage (marriage concluded before officer of civil status)...............................10
2.3.2 Religious Marriage......................................................................................................12
2.3.3 Customary Marriage....................................................................................................12
2.4 The validity requirements for conclusion of Marriage........................................................12
CHAPTER THREE......................................................................................................................14
IRREGULAR UNION..................................................................................................................14

I
 3.1 INTRODUCTION..............................................................................................................14
3.2 The Experiences of Countries of other Civil Law Legal System........................................16
3.2.1 Norway........................................................................................................................16
3.2.2 France..........................................................................................................................17
3.3 The place of Irregular Union under Ethiopian law..............................................................19
3.3.1 Irregular union under the Fewusemenfesawi and FetehaNegest...................................19
3.3.2 Irregular Union under the 1960 Ethiopian Civil Code.................................................19
3.3.3 Irregular Union under FDRE Constitution and the family law of Gambella peoples
national regional state...........................................................................................................20
3.4 Recognizing Irregular Union as a fourth form of Marriage.................................................20
3.5 The need for granting better legal protection to Irregular union and its Justifications........21
3.5.1 Child protection...........................................................................................................22
3.5.2 Family protection.........................................................................................................23
3.5.3For protection of the spouses........................................................................................23
3.5.4 Protection of community and state at large..................................................................24
CHAPTER FOUR........................................................................................................................25
CONCLUSION AND RECOMMENDATION............................................................................25
4.1 Conclusion.......................................................................................................................25
4.2 Recommendation..............................................................................................................26
References....................................................................................................................................28
A. books and journals...............................................................................................................28
B. Laws......................................................................................................................................29

II
ACRONYMS AND ABRIVATION

AAU: Addis Abeba University

Civ. code: Civil code

FDRE: Federal Democratic Republic of Ethiopia

Neg.gaz: negarit gazetta

No.: number

PACS: Pacte Civil de Solidarite

Proc.: proclamation.

RFC: Revised family code

III
 THE THESIS TITLED GIVING LEGAL PROTECTION TO IRREGULAR
UNION WITHOUT GOING AGAINST THE INSTITUTION OF MARRIAGE
UNDER ETHIOPIAN FAMILY LAW, IN CASE OF GAMBELLA REGION

By: Assefa Esubalew

Board of examiners

Name of examiners: _________________

Signature: ________________

Date: _________________

Name of examiners: _________________

Signature: ________________

Date: _________________

Name of examiners: _________________

Signature: ________________

Date: _________________

Date: May, 2016 EC

IV
Declaration
I, the undersigned, declare that the Research comprises my own work. In compliance
with widely accepted practices, I have duly acknowledged and referenced all materials
used in this work. I understand that non-adherence to the principle of academic honesty
and integrity, misrepresentation/fabrication of any idea/data/fact/or source will constitute
sufficient ground for disciplinary action by the university and cared under guidance of
advisor Chalachew Arega (LLB, LLM) at Gambella university. Idea and expression
borrowed from other author and material are duly acknowledged and properly cited

Name of student: Assefa Esubalew

ID NO: RSSC/4883/2011 E.C

Students signature: __________________

Date of submission: __________________

Name of advisor: ____________________

Signature: ______________________

Date: ________________________

V
AKNOWLEDGEMENT

Above all I thank God; nothing can be done without his will. I owe a great deal of
gratitude to my advisor Chalachew Arega for his guidance, valuable comments and
suggestions that stirred the writing of this research in the right direction. I would like to
say thank you! I would also like to thank my friends of work because they have a lion’s
share in supporting me to complete this research.

I am thankful to my families who are always on my side by supporting and encouraging

me and contributed a lot in my life. Thank you all for your supports. Last but not least, I
owe to thank all supporters and my friends who directly or indirectly contributed in
preparation of this research. I thank you all!

VI
 ABSTRACT
In the normal life of people, activities between them may be created. Their interaction
may sometimes yield an unlawful consequence which is called crime in the eyes of
criminal law. In principle criminals cannot escape from criminal punishment for the
crime they committed. But exceptionally, criminal cannot be punished by criminal law
because of the circumstances known as affirmative defenses. From these affirmative
defenses coercion and necessity are among them. These defenses are used as a ground to
be free from criminal punishment even if the act by its nature is a criminal act.

Under the state of defense of coercion this research aims to solve the problem of
application of defense of coercion to the third party that have direct and indirect
relationship with the coerced person. On the other hand under the state of necessity this
research also aims to solve the problem in relation to the vagueness requirement of
proportionality. To conduct this research the researcher has employed the provisions of
the federal democratic republic of Ethiopian criminal code, criminal procedure code,
books and other relevant literatures. Thus, the entire part of this paper incorporated the
requirement, the circumstances and the scope of application of the defenses of coercion
and necessity in general criminal law matters particularly in the Ethiopian criminal law.

The FDRE criminal code in its provision concerning coercion in relation to protection of
the interest of third party that have direct and indirect relationship with the coerced
person is not clearly recognized and also in relation to defense of necessity, the
requirement of proportionality is stipulated in a vague manner. To this end the researcher
also has forwarded the possible recommendations that are relevant to the problem
mentioned in this paper.

VII
 CHAPTER ONE

INTRODUCTION

1.1 Background of the study

Over the past half century the concept of family and what constitute a couple in the
western world Globalization is radically changed in which the law slowly must adjust to
new realities.1 Irregular union is an arrangement where two people who are not married
live together. Such arrangement have become increasingly common in western countries
during the past few decades ,being led by changing social view ,especially regarding
marriage ,gender roles and religion. They often involve a romantic relationship or
sexually intimate relationship on the long term or permanent basis. 2More broadly, the
term irregular union can mean any number of people living together, to “cohabit”, and in
broad sense, means to “coexist”.3 The origin of the term come from the mid-16th century,
from the Latin cohabitere,from co-‘together ‘and habitare ‘dwell ‘.4

Under Ethiopian legal system irregular union had a long history beginning from the time
of the FetehaNegest(the law of the kings) which is promulgated by Emperor
Zar’aya’equob(r.1434-1468).under the FetehaNegest it were known by the name of
“concubine” which means being engaged in sexual intercourse without having marriage. 5
but for the sake of morality to ward society, increment in the number of person live in
such union and to give some protection under the law the name is modified to” Irregular
union”.6 Concubine is very for bidden since it is contrary to marriage before enactment of

1
Stimmel and Stmith, (2003), Cohabitation and Right Conferred under the Law, Law office Published
2
http:/enM.WIKIPD.ORG/Wiki/cohabitation
3
” Oxford dictionary.com”definition of cohabit”
4
id
5
FetehaNegest 1986, states that having concubine is very forbidden in our saintly law.
Getachewu and Martha Belete, (2009) Family Law Teaching Material (unpublished) page 109 ff and 6
Negarit Gazeta, Gezatte Extraordinary proc No.165 of 1960 Art 708 and Revised family code proc
.No. 213/2000 Art 98

1
civil code.7 There were great debates to ward incorporation of irregular union to the
revised family code of FDRE (2000E.C).8Ironically unlike the previous view of Irregular
union or what we called non -marital cohabitation with consent, the current socio
economic development result in increment of union of man and women around the world
to which Ethiopia is not an exception . For example in 1970, in USA, the numbers of
those live in irregular union were 530,000 couples reportedly live outside marriage but in
2000 year the number s continued to increase to 5.5 million.9

Even if the law has not traditionally looked favorable upon individual living together
outside marriage, the law is true for Ethiopia during where there was influenced by socio-
traditional and religious influence has been very tense over those who were living in
irregular union without concluding marriage. They were considered those who living
with sin.10Thus they were very rare in number but today they go forward in numbers, due
to the high influence of socio-economic, globalization, immigration and so on. Here
irregular union is widely practiced as a way minimizing the legal, social, ethical and
spiritual commitments of institution of marriage.11

Moreover today due to the religious, social and traditional view of irregular union
declined today, because of influence of globalization from western world, the number of
couples (irregular union) are increased from year to year, decade to decade in Ethiopia.
Recently as one researcher reported the number of those who living in irregular union
relationship is increasing, it is expected that in Ethiopia, the number of people who will
engage in such union will increase in future for various reason. 12 Under Ethiopian family
law it has no legal protection granted to other type of marriage clearly stipulated under
7
ibid
8
Mehari Redae (1995 E.C) YeteshashalewuYebetesebHigLemegenzebYemireduAndandNitiboch, AAU
pritingpress.

9
ibid
10
ibid
11
SamerawitAbebe (June, 2015) Factors Contributing to Cohabitation Among Heterosexual in Addis
Ababa,.( unpublished)
12
ibid

2
Art 4-8 of the family law of Gambella peoples national regional state. In Ethiopia
irregular union will have legal effect only after three years of having together as husband
and wife. This is only in relation to pecuniary related issue, but it did not given due
protection similar to the other three type of marriage recognized under the family law of
Gambella peoples national regional state.

1.2 Statement of the problem

Non-marital cohabitation with consent or irregular union was previously considered both
as sine and illegal in which there is no legal and moral protection pressured from
sociological prospective of the law and harshly treatment from the major world religious
practice. But due to economic, social, political development and social interaction, for
instance immigration both intra-territorial and inter-territory of workers, the influence of
economic constraint ,burden and expensive commitment imposed by marriage necessitate
and enforce the increment of the couples to live in such union even if it have no or
minimal legal and moral protection.13

In view of increasing number of no- marital union between men and women , the family
outside marriage just as much in need of legal protection as the traditional family formed
by marriage.14 The same applies in case of unmarried cohabiting partners without
common children although this union is of less significance than traditional family
therefore legal interventions is necessary due to undeniable and incremental engagement
of cohabitant in such union without going forward against the benefit law accorded to
traditional family, its legal fulfillments to engage in such marriage.

Under family law of Gambella peoples national regional state irregular union do not have
any personal effect except cohabitation. However other behaviors which are analogous to
the marriage like presumption of paternity taken from duty of fidelity are equally
applicable to irregular union.15The family law of Gambella peoples national regional state
should recognize in unequivocal manner in addition to cohabitation some personal effects

13
URL:http://www.jstor.org/stable/839623 the Yugoslavian experience.
14
Stimmel and Stmith, (2003), Cohabitation and Right Conferred under the Law, Law office the American
Journal of comparative Law vol. 29 No.2 Spring 1981,published
15
Federal Negarit Gazetta Extra Ordinary Issue NO.1/2000 The Revised Family code proc NO. 213/2000,
Art 130

3
like fidelity and joint management of family under the same for irregular union, if the
above listed personal effects of marriage does not equally applicable to irregular union
the couples may engage with other partner which may have adverse effects such as
sexually transmitted disease, its termination which may in turn have effect on children
born of such union. As we believe these above cited problems are occurred due to the
non-incrimination of fidelity and failure of upbringing of child applicable to irregular
union under Ethiopian criminal code.16

Irregular union has a number of effects on community, state, family and child. The
possible effect it may have on the state are: living as husband and wife by having sexual
intercourse without formally concluding valid marriage although offends public morals,
in case they live as such for life and possess every characteristics of traditional family
institution or marriage like common children, owe duty to support, assist and help each
other, devoid of becoming a family, joint management of family, owe duty of fidelity,
couples in irregular union devoid of becoming a family, which make them pessimistic of
that they are allowed further offends public morals (as one effect of infidelity ) and
social values , social stigma against child born of such union. The second effect is it
increases the public welfare funds which is paid by state (indirectly paid by community at
large) when child born of such union devoid of the right to upbringing of joint
Management of their family when both couples neglect to up bring their child. The third
effect it may cause to state is due to the failure of Ethiopian criminal code to make crime
adultery under irregular union, the couples in such union are freely engaged with other
partner and this may result in prevalence of sexually transmitted disease which run
counter way to the states policy to minimize and reduce such epidemic are the result of
infidelity, most of the time in contemporary incremental union of man and women.

The other effect of non-protected irregular union on the family are: - the first effect is
unstable and un secure family due to non-involvement of court during termination of
such union unlike divorce of marriage under Ethiopian family code. The second effect is
since women are economically weak and one group of vulnerable under human right
convection communality of property after three years of their engagement in such union
The Federal Democratic Republic Of Ethiopia Proc NO.414/2004,9th of May 2005 A.A ,Art 652,658&659 16

4
amounts to the unfair without prejudicing their agreement to form common property
before the lapse of three years. The last effect may be the silence of FDRE constitution
on irregular union and non-recognition of such union as one categories of marriage in
general and as other sin institution of family amounts to discrimination under Convention
on Elimination of all Discrimination Against Women (CEDAW) since when the later
prefer to live in such union due to they are economically weak.

1.3 Research Question

This thesis targets the following question

1. What are the legal effects of irregular union on state, family, community
and child?
2. How the law can regulate and govern the problems arising out of irregular
union?
3. what are the rationale behind segregating irregular union from other
sources of family relation and does irregular union have constitutional
base for its protection under the family law of Gambella peoples national
regional state?
4. What are the pros and cons if the law gives better protection to irregular
union?

1.4 Objective of the study

The general objective of this thesis is to give better protection to irregular union and
require the need for flexibility of the laws on its effect. Within the general objective,the
thesis has the following specific objectives:-

 To show the way to regulate the personal as well as the pecuniary relationship
of those couples in union especially in Gambella region.
 To address the legal lacuna on the legal effect of irregular union under the
family law of Gambella peoples national regional state.
 To strike balance between advantage and dis advantage of giving better legal
protection to irregular union in the case of Gambella region.

5
  To show the growing trend of irregular union and grounds for granting legal
protection to irregular union in the Gambella region.
1.5 Hypothesis of thesis
The researchers try to conclude that the irregular union has no almost legal protection so
that it could affect the state in providing public welfare fund to those child exposed to
street due to absence of legal protection of irregular union. Similarly it also affects the
rights of child recognized under the Convection on Right of Child (CRC) and under
FDRE constitution although the law of filiation protects the rights of children born of
irregular union ,where there is no common management of family including common
upbringing of their child in irregular union it indirectly impair the right of children
directly given under the above legal regime such as the right to education, the right to live
with his or her family and the right to maintenance. The non-involvement of court during
termination of irregular union of the couples results in unsecure and unstable family even
though they live for life in such union.

To that effect the researchers will recommend that:-

 Irregular union must be granted legal protection and as one form of

institution of marriage.
 The revised family code and the family law of Gambella peoples national
regional state must be repealed so as to grant legal protection to irregular
union.
 Creating public awareness with regard to couples living in irregular union
requires legal protection as one form marriage.

1.6 Methodology of the thesis

The research has followed the doctrinal type of study like many of the LLB works do,
and also I has employed the combination of both primary and secondary sources such as
the FDRE constitution, Convention on Elimination of All Discrimination against Women
(CEDAW), Convention on Right of Child (CRC), Ethiopian revised family code, the
family law of Gambella peoples national regional state are the primary sources we
utilized. We also used secondary sources such as scholarly written materials, decided
cases, journal and books, and other types of research methods are employed as the case
6
may be. In other words, the research is qualitative research in which it covers a legal
analysis based on relevant legal materials

1.7 Limitation of the study

Lack of materials and finance, lack of enough time and scarcity of pertinent decision of
the subject matter makes us to rush to consider and refer authorative and non- authorative
sources of foreign countries are which hinder us to know how Ethiopian courts regulate
or deals with the problems arises from personal and pecuniary effect of irregular union.

1.8 Significance of the study

These thesis addresses various problems arising within irregular union and its possible
legal protection and regulation ,the relative gab of laws on its effect, pros and cons of
giving better legal protection ,to show experience of other countries legal regulation of
problems arising out of irregular union.

Thus this thesis enables legislative organs to repeal the family law of Gambella peoples
national regional state and come up with flexible family code which gives protection and
regulate effects of irregular union.it also equip lawyers to have a legal stand before court
with respect to effects of irregular union and argue for or against their client. Finally it
enables the law school to give due consideration in lecturing the law student about the
effects of irregular union.

7
 CHAPTER TWO

GENERAL OVER VIEW OF MARRIAGE

2.1 Introduction

During the fourth and fifth century a system of tie theology of marriage began to emerge
as the Church of Rome provided a shape for it under church doctrine. During that time
marriage was characterized as a sacrament and when properly contracted. The concept of
marriage began to evolve into a social institution during the period of Roman domination
of Europe. However even during this period in history, marriages were viewed as private
matters and there is little evidence indicating that there was significant concern or control
by government authority.17 The sixteen century Reformation had a significant impact on
how marriage was viewed in which the former dramatically rejected the church’s view
that marriage was a sacrament even though the concept of the indissoluble marriage had
to some extent been mitigated by the law of annulment.18

Marriage has its foundations in a variety of bailiwicks beyond the legal realm, including
philosophy, religion, culture and social practice. In Rattigan v chief immigration officer,
Zimbabwe.19Gubbay CJ described marriage as a juristic act sui generis. It gives rise to a
physical, moral and spiritual community of life consortium Omnis vitae. It obliges the
husband and wife to live together for life (more realistically, for as long as the marriage
endures) and to confer sexual privileges exclusively up on each other. Marriage is
regulated by state and each state determines who maymerry, the duties and obligation of
marriage and how marriages are terminated. Although eligibility requirements for
marriage differ from state to state, which generally include minimum age thresholds

17
Family law Robert E. Oliphant p.2
18
Ibid
19
Id

8
prohibitions.20 The duties of spouses are cohabitation, loyalty, fidelity, mutual assistance
and support flow from the marital relationship. To live together as a spouses in
community of life, to afford each other marital privilege and to be ever faith full, are the
inherent commands which lie as the very heart of marriage.21

2.2 Marriage defined

The traditional definition of marriage is a “legally recognized lifelong voluntary union

between a man and woman who mutually agree to live together as spouses until the
marriage is dissolved by death of one of them or as otherwise provided by law.22

Marriage is a socially recognized and approved union between a man and woman who
commit to one another with expectation of stable and lasting intimate relationship 23. It
begins with a ceremony known as weeding. Marriage is one of society’s most important
and basic institution in which family unites the married partners. 24It is often said that
marriage is a contract and to an extent that is true but it is unlike other civil contracts
because of the extent of the governmental regulation. 25 The Philippines’ family code of
1987, on other hand defines marriage as special contact of permanent union between a
man and a woman entered in to in accordance with law for the establishment of conjugal
and family life.

As discussed elsewhere in English legal system, marriage is defined by Sir James Wilde
in the land mark case of Hyde v Hyde, is the voluntary union for life of one man and one
woman to the exclusion of all others. There are three elements under definition given
above. First, the marriage has to be concluded between a man and a woman, there is no
legal marriage between the same sex persons. Secondly the institution of marriage is to

20
Frank A. Schubers Introduction to law and legal system, 17th edition p.411
21
Habtamu, Wuletawu, (2004),The Legal Effects Of Irregular Union under Revised Family code, Senior
thesis, Faculty of law Addis Ababa University, unpublished p.46
22
Number of common law definition of marriage are cited van zyljin EX parte inkley and inkley
19953Sa528(c)535-536
23
Encyclopedia Encarta 2004,Arlane Shlnick p.1
24
ibid
25
Supra note at 4 page 411

9
be entered into with the absolute consent of the parties, i.e. voluntarily.Thirdly the
marriage is expected to last for a life time. Death is being the only cause for dissolution. 26

In Ethiopia Marriage is regarded as institution rather than contract under the 1960 Civil
Code, the 2000 Revised Family Code and the family law of Gambella peoples national
27
regional state . However when it comes to defining this institution, neither laws are
helpful. Hence, to have a common understanding of the institution, it is necessary to
resort to the definition’s given by other foreign laws as defined above in English legal
system.

Therefore when we define the conclusive definition of Marriage as institution in Ethiopia

it is one source of family relationship next to kinship or consanguine relationship and
adoptive filiation under FDRE Constitution, Revised Family Code, the family law of
Gambella peoples national regional state and Civil Code in particular.

2.3 Types of Marriage recognized under the family law of the Gambella peoples
national regional state

The Revised family code as well as the family law of Gambella peoples national
regional state recognized three modes or types of conclusion of Marriage. These are
civil marriage, religious marriage and customary marriage.

2.3.1 Civil marriage (marriage concluded before officer of civil status)

For a Marriage to be considered as being concluded before an officer of civil status, a
man and a woman need to appear before the officer for the purpose of concluding
marriage and give their respective consent to enter into marriage. The phrase civil
marriage basically refers to the fact that the marriage has been solemnized in front of an
officer who is empowered to accept the consent of parties wishing to enter into
Marriage.28In order to conclude civil marriage, there are certain formalities and
requirements which are stipulated by the the family law of the Gambella peoples national
regional state . The first formality is that of a residence. Pursuant to article 25 of the code,
civil marriage is concluded before the officer of civil status of the place where one of the
26
Getachewu Ashagre, Family law teaching Material, (unpolished )by page 36
27
Tilahun Teshome , International survey of Family law,2000 ,p 157 unpublished.
28
Federal Negarit Gazetta Extra ordinary issue No: 1/2000 RFCProc .no 213/2000, art 2.

10
future spouses or one of the ascendants or close relatives of one of them has established a
residence by continuously living there for not less than six months before the conclusion
of the marriage. The other formality is that of giving notice. The the family law of the
Gambela regional state requires the future spouses to inform the officer of Civil Status of
their intention to conclude marriage not less than a month before the celebration of the
Marriage.29 The purpose of notifying the officer is to make sure that there are no
impediments to the conclusion of Marriage and to allow anyone who want to oppose to
the Marriage to do so in accordance with the law.

Once these preliminary formalities are fulfilled and the work of publicizing the intention
of the parties to marry has been made by the civil status officer, the next step is the
celebration (solemnization) of Marriage. Celebration of Marriage is to be made publicly
in the presence of the future spouses and two witnesses for each of the future spouses.
One requirement stipulated under article 28 of the the family law of the Gambella
national regional state is that the future spouses have to personally appear for the
solemnization process.

In connection to the above sighted requirement, the issue of proxy Marriage can be
raised. The question of whether Marriage can be concluded by proxy is of little practical
importance in modern times. However, there may be circumstances which would
necessitate the use of representation for Marriage. Marriage by representation is
necessary when one of the parties cannot be present for the ceremony. While it’s most
prominent use has been in wartime with one party on duty overseas, sometimes it is used
by prisoners.’ Considering the need to conclude Marriage by representation, the Civil
Code of 1960,RFC as well as the family law of the Gambella peoples national regional
state allowed by way of exception for the conclusion of Marriage through
representation30. One should note here that in principle each of the future spouses are
required to appear personally and give their consent to the Marriage at the time and place
of celebration.

29
Ibid art 23
30
Id art 12

11
The other formality incorporated under article 31 of the family law of Gambella peoples
national regional state is the obligation on the witnesses to declare, under oath, that the
essential conditions for marriage are fulfilled. The third formality requirement for
celebration of civil marriages is that the future spouses need to declare openly that they
have consented to enter into the marriage. Article 12 of the family law of Gambella
peoples national regional state provides for the recognition of marriages which are
celebrated abroad as valid in Ethiopia. The marriage whose recognition is sought in
Ethiopia has to be concluded by fulfilling the legal requirements of the place of
celebration and as far as doing so will not be contrary to public morality. This recognized
marriage which is concluded abroad may be either it is accordance with custom or
religious or the law of place celebration of the Marriage.

2.3.2 Religious Marriage

A religious marriage is other type of marriage recognized under the family law of
Gambella peoples national regional state as well as under Civil Code. It is mode of
conclusion of marriage takes place when a man and a woman have performed such acts
or rites as deemed to constitute a valid marriage by their religion or by the religion of one
of them.31

The formal requirements for the conclusion of religious marriage are dictated by the
religion itself. The essential conditions that are stipulated by the family law of Gambella
peoples national regional state need to be observed whatever the manner of celebration of
marriage is.

2.3.3 Customary Marriage

Pursuant to Article 7 of the family law of Gambella peoples national regional state
marriage according to custom takes place when a man and a woman have performed such
rites as deemed to constitute valid marriage by the custom of the community in which
they live or by the custom of the community to which they belong or to which one of
them belong.

31
Id art 3

12
2.4 The validity requirements for conclusion of Marriage
For marriage to have legal protection and effects before court of the law and to build
stable, secure and socially acceptable institution it must be concluded by fulfilling the
following validity requirements provided by the law. The non-fulfillment of essential
requirement for conclusion of marriage may offend public moral, may entail penal
sanction or may be resulted in instable family or it may affect the community and the
state at large. As derived started from FetehaNegest,the1960 Civil Code and the now
working 2000 Revised Family Code, the family law of Gambella peoples national
regional state these validity requirements pertains to biological factors(age, sex and state
of health of future spouses), psychological factors(consent of the parties) and sociological
factors(issues like marriage between persons related by consanguinity, affinity ,adoption
and bigamy).32

The overall validity requirements for conclusion of marriage are :-

a) Consent: - free and full consent of the future spouses is very necessary
requirement for conclusion of marriage. Article 1 of UN convention on consent
to marriage, minimum age of marriage and registration, the FDRE constitution ,
Revised Family Code of Ethiopia and the family law of Gambella peoples
national regional state calls for consent as a pre requisite of conclusion of
marriage.
b) Age: - in order to freely consent to marriage and to understand the consequence
of their acts the parties must attain a minimum marriageable age provided by
law33. As a rule the minimum marriageable age is 18 years. But in exceptional
circumstance the Ministry of justice may grant dispensation of two years. Hence
it may be 16 years when good cause calls for such grant of dispensation.
c) Relationship: - prohibition of existence of relationship to certain degree among
the future spouses is one of essential requirement for validity of marriage. The
relationship can be consanguine, affinity and adoptive filiation. The law device

32
Supra note at 11
33
Supra note at 12 art 15

13
 this requirement to protect public moral and fear of genetic danger involved in
permitting procreation between close relatives.34
d) Bigamy: - absence of prior bonds of marriage is another prerequisite for
conclusion of marriage.35
e) Period of widowhood: -this requirement is only applicable to woman to protect
the conflict of paternity and best interest of child under the constitution.36

CHAPTER THREE

IRREGULAR UNION

3.1 INTRODUCTION
Irregular union is consent based union or living together of one man and one woman for
indefinite period and cohabit in the same household as husband and wife. 36The element
cohabitation or otherwise is the peculiar future of irregular union to be distinguished from
other male-female relation and kept woman only used for mere sexual gratification. So,
cohabitation is defined as to live together as husband and wife, the mutual assumption of
those marital rights duration and obligation which are usually manifested by married
people but not necessary dependent on sexual relation.37

Another scholar defined irregular union as a union of a man and a woman based on
intimate life, as between husband and wife founded on the relationship of affection, love,
devotion, fidelity, and the running of common household. 38In nutshell Irregular Union is
an arrangement when a man and a woman who are not married live together. Such
arrangement have become increasingly common in western countries during the past few
decades being led by changing social views especially regarding Marriage gender roles

34
John Dewar ,46
35
Supra note at 12 art 11
36
Peter Sparks, “ The Language of Cohabitation”, Family Law Quarterly vol.19, page 328
37
H.C Black, Black’s law dictionary 6th edition 1990, page 260
38
D.Freid man , “the un married wife in Israel” , Israel year book on human rights vol.2(1972, page 290)

14
and religion. They often involve a romantic relationship and sexually intimate
relationship on a long term or premature basis.39

Traditionally the concept of irregular union has been understood as a situation in which a
man and woman live together and hold themselves out to the public as husband and wife
without fulfilling the formalities required by law for lawful marriage. It differs from
ceremonial marriage in that it is one which has not been celebrated in any particular form
being based only up on mutual agreement of the parties.40

During the last four decades of 20th century a revolution occurred in United States
regarding the formation of family and the roles of its members played the social stigma of
bearing children out of wedlock was eliminated along with shame an associated with
couples living together without Marriage. However the number of person living together
without Marriage has dramatically increased which shows the growing trend of Irregular
Union which necessitate legal protection. The unmarried relationship of cohabitees (in
our context Irregular Union) was considered meretricious and usually criminals and
thought to be scoundrels.41 Accordingly the legal and much social stigma of illegitimacy
is gone.

Whatever implication it may have, Irregular Union is both increasingly prevalent and
being recognized as theoretically defense able life style and contrary to widely held
public opinion.In other words irregular union is the modern growing trend of family
formation although it’s contrary to public morality and got unacceptance from public
which requires legal protection as one form of family under the FDRE Constitution.

Recently living together as unmarried couples known as cohabitation (irregular union)

and has become wide spread practice in United States roughly have of all newly weeds
have lived together before marriage. Some jurisdiction legally recognized common law
marriage laws in such places consider couples as married if they have live together for
certain length of time42. Currently there are a number of couples living in irregular union

39
Stimmel and Stmith, (2003), cohabitation and right conferred under the law, law office
40
(Encyclopedia Encarta2004), Arlene shlnick page. 1.
41
AschalewAshagre, Marta B,Family law teaching material,2008,p100,un published
42
Family law M.PlaniolTraite page 385

15
including in Ethiopia where there are multi-cultural societies which has under gone
fundamental transformation in matter of sexual companionship (irregular union),
marriage and family formation.43 Although the concept of irregular union is ancient
phenomena due to its growing trend, the law starts to afford minimal legal protection
even if its significance throughout the world is debatable.

3.2 The Experiences of Countries of other Civil Law Legal System

3.2.1 Norway
The Scandinavian countries in general and Norway in particular there have been long
term of tradition of irregular union. 44 The radical protesters against bourgeois marriage
have been few in number but their views were well aired. Social value dimension has
major effects up on the marriage like cohabitation choice, traditional vs. modern regional
differences, religious activities pregnancy status, etc. Irregular Union is developed from
two opposite origins, the educational elites and the working classes. 45Blom46 (1994)
conclude that the spread of Irregular Union is the main mechanism behind the decline in
marriage formation, a question of test has entered the scene as cohabitation has developed
to functional equivalent of marriage for growing number of people especially in early
phase. As alight version of marriage private social contract with more individual freedom
and less restriction and exclusiveness than marriage, Irregular Union may for many be the
optimal solution. That is development fuelled by secularization and value change thus
Gidden called it transformed intimacy, a pure relationship based on love and identity
building between equal partners where formal confirmation from outside and
involvement from family and religious are irrelevant to the duration of the union.47

Regulatory frameworks: - The European Observatory on National Family Policy (1961)

calls for member states to conduct a comprehensive and systematic review of law and
policy responses to irregular union and try to map irregular union and social policy
43
TilahunTeshome , SaygabuNuroDuronaZandiro , Ethiopian bar review vol.2 no. 1, August 2007, page
61-113
44
Irregular union is known as non- marital cohabitation or consensual union or partnership union in
Scandinavian countries.
45
Becker, G.S.(1994) A Treatise on the Family, Cambridge,MA, Harvard University press
46
Blom, S(19940 Mariage and Cohabitation in a changing society, the experience of Norwegian, men and
women born in 1945 and 1960,Europian journal of population ,v 9
47
Giddens, A.(1992) The transformation of intimacy, Cambridge, polity press.

16
measures. As a response to that call, irregular union has achieved the status of an
accepted social institution through family policy in a Norway. Norway through family
policy mechanism under ministry of family affairs to take measures which affect family
and family behavior through its appointed Commissions. Women policy, child policy,
abortion and mother-child health service and taxation are included under family policy.
of family policies objectives and requires the parties to be registered which aims at
equalization between marriage and Irregular Union. In 1999 government commission
assigns the requirement of voluntary or compulsory registration. Requirements of
registration either voluntarily or compulsorily, payment of more tax are indirectly used to
protect institution of marriage.48This implies the report indirectly deals with the status of
couples in irregular union and defines giving rights in priority to family formed by
marriage than family formed by irregular union.Norwegian taxation legislation and
regulation are among those laws that give rights and obligation like that of welfare
benefits for the purpose of taxation and family importance for state.

To summarize family policy in Norway gives more freedom to partners in Irregular union
and while economically weak partners are best protected in marriage.

3.2.2 France
France over the last decades there had been remarkable changes in the pattern of union
formation and in extent of having children in irregular union. 49 Next to the spread of
fertility there are hardly any other changes in family life which were as dramatic as the
rapid raise in Irregular union and non- marital births. Parallel to the first marriage rate
declined, the average age at marriage increased and already existent marriage ended more
of in divorce. Due to its long history in Europe, irregular union and its reason of forming
such relationship is historically between poor partners who could not afford the cost.50

Whatever the reasons forwarded for engagement of the parties in a union intervention and
legal regulation of irregular union is mandatory in family matter for the following
48
Bloms , (1994), Marriage and cohabitation in a changing society, The experience of Norwegian man and
woman born in 1945 and 1960, European journal of population vol. 9)
49
Irregular Union is known as non-marital or outside marriage in many western European states including
France
50
Kiernan, K.(2001), The rise of cohabitation and child bearing outside Marriage in Western
Europe ,International Journal of law , Policy and The Family 15(1), 1-21.

17
reasons. The first reason is to protect the decline of traditional formation of family
(marriage) which is revenue source for state in which state impose marriage tax. The
second is to promote and protect child bearing and child interest because France is a pro
natalist country which promotes population growth. The third reason is through family
policy intervention as a system of social benefits, family allowance and public child care
are the better protection afforded in France. Here family policy dealt with different
characteristics of the system particularly in regard to child care in which both parents
want or need to be employed in up bringing the child. Lastly to protect a party who is
economically dependent to live in that cohabitation.

Regulatory frame work:-The most important reform, however, has been the introduction
of the Pacte Civil de Solidarit´1e(PACS) in 1999. It is open to irregular union and
established as the basis of legal policy on cohabitation. Whereas marriages are conducted
in Town Halls, PACS are recorded by the Clerk of the Court of First Instance (tribunal
d’instance).Precondition is avie de couple - partners have to live together as a couple.
Partners of such contract are obligated to mutual personal and material assistance which
includes mutual assistance regarding maintenance, expenses for joint domicile, and any
outstanding debts. If one of the partners is not in the social security system
(healthinsurance, maternity benefit, funeral benefit), he can be co-insured by his/her
partner. After three years of living together the couple can be jointly assessed for
taxation. This time has been shortened to the same year a PACS has been recorded in
2005.State employees can apply for a job transfer to continue or remain living together
with their partner. In case of dissolution of a PACS, divorce provisions do not apply nor
is judicial separation necessary. If the couple wants to get separated again they have to
hand in a joint written statement at the office of the local court where they registered their
PACS which ends the contract. A unilateral cancellation is possible, in this case the
PACS ends three months after delivery of the written declaration through the marshal or
if one of the partners marries.51The most important reform introduced following PACS
agreement are the legal and moral stigma against those couples which deny them has
gone away following registration reform under PACS agreement which recorded by clerk
of first instance court.In PACS contract parties are obliged to mutual,personal and
material assistance during,their life which includes issues of maintenance expense for
joint domicile and any outstanding debts,and if one of the parties is not in social security
system he/she can be co insured his/her partner. When they want to separate, they
terminate their right at the court where they registered according to their contract.

51
Schreiber,C. 2001, ErfahrungenmitLebens partner schaften am BeispielFranckreichs.

18
In nutshell tax relief for non-married parents before 1996, afterwards treated like
singles ;PACS joint assessment for income tax after a certain qualifying period.Irregular
union co insurance in the health insurance of one partner if the insurant committee done
self to pay alimony for the others ,PACS co insurance of non-employed couples in health
insurance of employed partners, widows from cohabiting unions can apply for a kind of
funeral benefits, continuation of hiring contract after death of cohabit and the law
imposes the following duties on the couples as such, income of the couples considered in
case of social benefits( educational grants and housing benefits), children has claim of
maintenance and contact rights with their parents in case of separation.

3.3 The place of Irregular Union under Ethiopian law

3.3.1 Irregular union under the Fewusemenfesawi and FetehaNegest

During the reign of Emperor Zara yaikob (1434-1468) when the state was not secular
Irregular Union (formerly known as concubine) was considered as taboo and socially
deviant (sinful) behavior. Especially FetehaNegest expressly declares having concubine
is a crime and is always against our saintly law52.

3.3.2 Irregular Union under the 1960 Ethiopian Civil Code

Unlike the FetehaNegest and FewuseMenfesawiEthiopian Civil Code is the first legal
regime which recognize and gives minimum legal protection to Irregular Union. 53 It
defines Irregular Union as state of fact which is created when a man and a woman to live
together as husband and wife without concluding legal Marriage. However without living
together under the same roof, ifa man and a woman exercised sexual relation repeatedly
in a manner that is known to other person it do not considered as Irregular Union. In other
words to constitute Irregular Union the way the couples live together must be analogous
(similar and comparable) to that of married person.54

With regard to proof of Irregular Union when contest arise between the couples the
mechanism the law employ is through possession of status shall be made by producing
reliable witnesses, provided that when the couples behaving in the same way as married

52
Fetehanegest1986 .
53
The Civil Code of the Empire of Ethiopia Proc. No 165 of 1960, art 708.
54
Ibid art 721(1)

19
person and being considered as such by their families and their neighbors only. Therefore
the Civil Code granted to some extent protection to the institution.

3.3.3 Irregular Union under FDRE Constitution and the family law of Gambella
peoples national regional state
The family law of Gambella peoples national regional state is the derivative of the Civil
Code on areas of definition and criteria of the couples to be considered as a party in
Irregular union, with some differences on areas of proof and its legal effects. 55 The
recognition of irregular union may be appropriate if seen from the point of view of the
protection of family under article 34(3) of FDRE Constitution, which provided that the
family is the natural and fundamental unit of society and is entitled to protection by law,
society and the state. However the FDRE constitution neither expressly deny nor
recognize Irregular union as source of family which shows us the silent feature as to the
family formed by such union except protection given to child born out of wedlock under
article 36(4) of the constitution.This indirectly shows that those children may be born
from parties engage in irregular union. But parties in a union are not neither recognized
nor prohibited on effect of their union. Here it is better to see that family is created either
through marriage or irregular union even though there is no clear and express recognition
of irregular union as source of family under FDRE Constitution and the family law of
Gambella peoples national regional state. As far as the Constitution and Family code are
concerned, a family whatever its origin it must be entitled protection.

Generally irregular union is dealt with under article (103-111) of the family law of
Gambella peoples national regional state. The couples in irregular inion shall
proportionately contribute to their common expenses that property shall be considered as
a common, provided that their relationship has been lasted for three years and above.56

3.4 Recognizing Irregular Union as a fourth form of Marriage

In ancient time, in many non-secular nation states where the laws of such states are
backed by a religious and public morality are primarily up held according to natural law

55
Federal Negarit Gazetta Extra Ordinary Issue NO.1/2000 The Revised Family Code Proc NO. 213/2000, Art 98,99,
&708,709 Of The Civil Code On The area of their Similarity Vs art 102 ,106 RFC &Art 712, 719 of the C.C on the
area of their difference.
56
Supra note at 33 art 102.

20
and religious dogmas. There is no way to afford legal protection to persons who are in
irregular union. The reasons are living in irregular union is contrary to public morality
and religious rite of concerned community which subject such law to universal principle
of natural law(divine law). Now a day in secular, multi religious, ethnic and diverse
federal countries following the dominant position held by positivist legal school of
jurisprudence in general and separation thesis in particular in which the law and morality
are quite separate, recognizing irregular union and its family as one form of marriage is
justifiable. Moreover various international human right instruments and the rise of
protected individual rights necessitate the states to enact secular law to govern family
irrespective of its sources. In Ethiopia starting from the period of fetehanegest and the
1960’s Civil Code, criminal laws, written Constitutions and Family laws are ought laws
in which they subject the validity of any laws to higher moral principles and religious
dogmas. In other words those laws mostly protect morality and religious virtue of the
community and the state at large. For example article 34(3) of FDRE Constitution, the
family is protected by the state and community in general irrespective of its basis of
formation. But under the sub 4 of the same article, marriage as a source of family,
expressly granted constitutional protection and priority due to its preservation of public
morality, ensuring family stability, assuring support obligation and assigning
responsibility for care of children57. But despite its silence as to recognition of Irregular
Union as one source of family, the family law of Gambella peoples national regional state
indirectly recognize and protect family formed by Irregular Union in accordance with
spirit of article 34(3) of FDRE Constitution. In today’s globalized and secular states, in
which states are committed to comply with various International human right instruments
and its commitment to be a secular in its Constitution, it must be up held and legislate
secular law to govern family irrespective of its sources and moral conformity. But to give
priority to family formed in accordance with morals and religious of community law
must make and discriminate in favor of such family.

57
50 BirruGebeyehu, Problems Arising out of Non- Marital Cohabitation,Ethiopian experience A.A.U,
Faculty of Law, Senior Thesis, Unpublished.

21
3.5 The need for granting better legal protection to Irregular union and its
Justifications
Irregular union is one source of family which is the result of industrial revolution and
protected individualism which requires protection of state and community as traditional
marriage. Even though the legal recognition and protection of irregular union is recent
and growing phenomena due to its source of family and family in turn natural and
fundamental unit of society entitled to protection by state and community irrespective of
its sources58. In other words family which is formed by whatever ways and its similarities
of function necessitates legal protection by law state and society at large. The other
reason is there are children, father and mother in irregular union as that of children
husband and wife in marriage which implies what happens to family formed by irregular
union is similar to family formed by marriage. 59 This is the possible social reality hence
failing to give better protection to such relationship and family formed by such
relationship is un fair, hardship and injustice will result. Therefore the reason of quite like
the protection of children, couples, family, community and state in general are the points
of our focus as follows.

3.5.1 Child protection

It is easy to imagine the possible effects that are caused to the children due to less
protection given to the irregular union under the family law. If we take the provision
regarding the irregular union under the family law of Gambella peoples national regional
state of Ethiopia art 107 and 110 creating community property from the time engage in
such union is not recognized unless their relationship is lasted for at least three years and
there is no any legal barrier to end their relationship at any time unlike the marriage. This
may lead the strongest party most of the time a man to terminate the relationship at his
own free will at any time he chooses denying the woman any share from the community
property they accumulated during their union. Due to this their child is affected from lack
of common proper upbringing, lack of family devotion. The child is also psychological
affected by the attitude of society toward them through social stigma and by gossip by
saying that (bastard) which means illegitimate child.

58
The Constitution of the Federal Democratic Republic of Ethiopia art 34(3)
59
Cited at 7

22
The girl born from such union is not being preferable for marriage by the family if the
adult who wants to marry her and society at large. The absence of duty of fidelity to each
other under the provision of the irregular union stipulated under the family law of
Gambella peoples national regional state unlike that of the marriage is also another
reason for granting better protection because if such duty is not exist a man and a woman
are free to engage in another union also and this may result in the sexually transmitted of
different diseases to the family of such union including the children.

3.5.2 Family protection

The family formed by consent of only a party in irregular union is unsecured and unstable
due to its simplicity in terminating the relationship without court involvement and hence
almost a party in such union have no legal stand before court of the law unless prove it
otherwise. The high emotional cost (psychological tension as to its contingent
relationship is the result of non-better protected family formed by irregular union. Due to
this problem parties or couples in such union may flee to alien country illegally their life
taken away in desert as well as during crossing sea and ocean. Especially women who are
poor and weak economically all ways prefer to live in such union and following
termination of their union her probability to formally merry or re living in such union is
very narrow after termination had taken place. This may in turn enforce her to flee away
illegally to another country in which she become the food of Wales in the ocean. The
further prevalence and transmission of sexual disease from one person to another is high
and frequent due to the non-sanction of infidelity by criminal law which may in turn
contaminate and easily affect the whole family formed by such union.

3.5.3For protection of the spouses

In case any party of the union un expectedly or accidentally day without any will before
the lapse of three years in such union (according to Ethiopian family law) 60 and the
deceased have no any heir, the surviving couple has no legal stand to inherit the
deceased’s insurance ,property and any other things. This may in turn the property of the
deceased is inherited by state.61 She/he has no right to be legally presumed a legal
beneficiary of the deceased’s life insurance, indemnity payment and no equal division of
60
Supra note at 33 art 102(1)
61
Supra note at art 852

23
property formed during their union except if deceased left a will to that effect provided
that the requirement for succession is upheld.

3.5.4 Protection of community and state at large

Irregular union which requires private commitment in turn open the way to each couple
to have another relation with other party due to absence of obligation of fidelity adversely
increases mortality rate from incurable sexually transmitted disease. From this what we
deduce is that as their infidelity increases high mortality rate in which state and
community are affected also increases. It also increases prospective criminals and
unemployment which in turn threat community which oblige State to pay the cost of
protection and social welfare fund respectively. Therefore the couples are always in
pessimistic relationship which makes them instable, unsecure and their general positive
or negative repercussion have directly or indirectly will affect the community and state at
large.

In general, to protect the child from un secured future, the family and society to bear
unnecessary cost of upbringing the child, the spouses to loose legal benefit of the family
and other reasons maintained above. It is a better solution to grant full legal protection to
irregular union similar to other recognized marriage under Ethiopian legal system.

Registration

Registration is the prime mechanism that enables parties in irregular union to agree on
their economic and domestic expense during their relationship in a like purpose of
contract.

Registration of parties who wants to live in a union to appropriate courts like that of
France or registrar of civil status which enables them to have a legal stand before the
court when termination so requires.

Issues like responsibility in bringing up their children (guardianship), outstanding debts

(personal or common ), issue as to liability in case of one of them terminate with fault
etc. are particulars required in registration.

24
 CHAPTER FOUR

CONCLUSION AND RECOMMENDATION

4.1 Conclusion
Over the past half century the concept of family and what constitute a couple in the
western world Globalization is radically changed in which the law slowly must adjust to
new realities. Ironically unlike the previous view of irregular union or what we called non
-marital cohabitation with consent, the current socio economic development result in
increment of union of man and women around the world to which Ethiopia is not an
exception . Concubine is very for bidden because it is contrary to marriage before
enactment of civil code. However today due to the religious, social and traditional view
of irregular union declined today, because of influence of urban economic immigrants,
commitment of state to be secular and globalization from western world, the number of
couples in irregular union is increased from year to year, decade to decade in Ethiopia.

Traditionally the concept of irregular union has been understood as a situation in which a
man and woman live together and hold themselves out to the public as husband and wife
without fulfilling the formalities required by law for lawful marriage. Irregular union is
consent based union or living together of a man and a woman for indefinite period and
cohabit in the same household as husband and wife. Currently there are a number of
couples living in irregular union including in Ethiopia where there are multi-cultural
societies which has under gone fundamental transformation in matter of sexual
companionship (irregular union), marriage and Family formation. Although the concept
of irregular union is ancient phenomena due to its growing trend the law starts to afford
minimal legal protection even if its significance throughout the world is not debatable.
Ethiopian Civil Code is the first legal regime which recognize and gives minimum legal
protection to irregular union. Like article 105 of the family law of Gambella peoples
national regional state supply of maintenance doesn‘t exist when two persons living like
husband and wife. In addition, communal property doesn’t exist between couples in

25
Irregular union under the Civil Code. The family law of Gambella peoples national
regional state is the derivative of the Civil Code on areas of definition and criteria of the
couples to be considered as a party in irregular union, with some differences on areas of
proof and its legal effects. However the FDRE constitutions neither expressly deny nor
recognize irregular union as source of family.

In Norway Irregular Union has achieved the status of an accepted social institution
through family policy as a response of The European Observatory on National Family
Policy of 1961. Norway enact legislation on partnership union for implementation of
family policies objectives and requires the parties to be registered which aims at
equalization between marriage and irregular union. France takes measures to regulate
irregular union through PACS as a family policy which offer registration of parties’ who
wants to live in irregular union as protection which is recorded by Clerk of first instance
court. In Germany the couples in irregular union are discriminated against marital unions
in terms of privileges but are often treated equally regarding liabilities. Protection of
family, children, couples, community and state are the reasons that justify the need for
better protection of Irregular Union.

4.2 Recommendation
Based on the growing trend of family formation by irregular union, un avoid ability of
couples to lives in such unions, the importance of family as a natural bases of society
which necessitate state intervention in family regulation and based on the experiences of
other countries we recommend as to better legal protection to irregular union more than
which are granted under Ethiopian family laws as follows:-

 Amendment of family code as to the inclusion of fidelity and joint

management of family in upbringing child specially to tackle the problems
of infidelity which further offends public morality and policy of the country
and to protect conventionally granted best interest of child to live with both
of his/her family as provided under article 3 of the 1990 CRC ( as personal
effect of irregular union and unrestricted termination of irregular union
under article 110 of the family law of Gambella peoples national regional
state that which makes the family unstable , unsecure and pessimistic

26
 economic relationship. Requirement of registration either voluntarily or
compulsorily with particularity of co-insurance life policy and high tax
burden imposed to the couples as a protection of marriage and fidelity given
to marriage. So to enable the family formed in such union stable, secure and
optimistic pecuniary relationship article 110 of the family law of Gambella
peoples national regional state should be amended and some restriction
should be inserted for the termination of their union.
 Recognizing irregular union as a fourth forms of marriage next to the three
known forms of marriage under the family law of Gambella peoples
national regional state. Requirement of registration including laws that
gives and favor marriage as incentive and protection of marriage as we
grasp from Norway trend of family policy .
 Recognizing irregular union as independent institution of family formation
with slight difference and privilege afforded to marriage only. Requirement
of voluntary or compulsory registration and imposing more tax on couples
who wants to live in a union are privileges that protect the marriage
institution.

27
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29
30