The journey of marriage is a significant life event, and understanding the marriage unions acknowledged by Ethiopian Family Law becomes an essential one. In this article, we will explore Ethiopia’s Marriage Code, shedding light on the various forms of marriage and the essential conditions and forms that govern this union.
Various Forms of Marriage
A. Civil Marriage
Marriage can be concluded before an officer of civil status, where a man and a woman express their consent in the presence of the officer.
B. Religious or Customary Marriage
Notwithstanding civil marriage, couples can choose to marry in accordance with their religion or community customs, broadening the spectrum of marital choices.
C. Marriage According to Custom
In this form, marriage is recognized when a couple performs rites accepted by their community or the community to which they belong.
Celebrated Abroad
Marriages celebrated abroad, following the laws of the place of celebration, are valid in Ethiopia, provided they do not contravene public morals.
Essential Conditions of Marriage
For a marriage to be considered valid, it is required to adhere to or fulfill the following eleven essential conditions.
1. Consent
A valid marriage hinges on the free and full consent of the spouses. This foundational principle ensures that both parties willingly enter into the union.
2. Age
Individuals under the age of eighteen are prohibited from marrying. Exceptions may be granted by the Minister of Justice under serious circumstances.
3. Consanguinity
Marriage between close relatives in the direct line between ascendants and descendants is prohibited. In the collateral line, marrying a sister or aunt (for a man) or a brother or uncle (for a woman) is not allowed.
4. Affinity
Similar to consanguinity, marriage between persons related by affinity in the direct line is prohibited. In the collateral line, marrying the sister of one’s wife or the brother of one’s husband is also forbidden.
5. Filiation not Legally Established
Acknowledgment of a natural bond in the community is enough to apply marriage impediments related to consanguinity and affinity, even if not legally established.
6. Bigamy
No person can enter into a new marriage while bound by bonds of a preceding marriage.
7. Representation
Both future spouses must be personally present and consent to the marriage at the time and place of its celebration. Exceptions may be allowed by the Ministry of Justice under serious causes.
8. Fundamental Error
Marriages resulting from fundamental errors in consent are deemed invalid. Fundamental errors include mistakes in the identity of the spouse, health conditions, bodily conformation, or behavior.
9. Consent Extorted by Violence
Marriages resulting from consent obtained through violence are considered invalid. Consent extorted by violence occurs when a spouse gives consent to protect themselves or close relatives from serious and imminent danger.
10. Judicially Interdicted Persons
Persons under judicial interdiction require court authorization to marry, ensuring protection for vulnerable individuals. Applications can be made by the interdicted person or their guardian.
11. Period of Widowhood
A woman may not remarry unless one hundred and eighty days have passed since the dissolution of the previous marriage. Exceptions exist for specific circumstances, including childbirth after dissolution, remarriage to a former husband, medical evidence of non-pregnancy, or court dispensation.
Opposition to Marriage
Opposition may be raised when marriages violate essential conditions. Eligible opposers include parents, public prosecutors, ascendants, siblings, or guardians, with specific procedures for raising opposition, decision-making, and the right to appeal.
Marriage Celebrated Before an Officer of Civil Status (Civil Marriage)
Civil marriages are concluded before an officer of civil status where one of the future spouses or close relatives has established residence for at least six months. Procedures involve informing the officer of civil status, fixing the date of marriage, and fulfilling formalities, including public declarations and signing a register.
Other Forms of Marriage and Registration
Religious Marriage
- Follows formalities prescribed by the religion concerned.
- Essential conditions outlined in the code must be complied with.
Customary Marriage
- Follows formalities prescribed by the community’s customs.
- Essential conditions outlined in the code must be complied with.
Registration of Marriage
- All marriages, regardless of form, must be registered by a competent officer of civil status.
- The officer issues a certificate of marriage to the spouses.
- Marriage has legal effect from the date of its conclusion.
Record of Marriage
In cases where spouses fail to register their marriage, the officer of civil status initiates the record of marriage when aware of the union.
The record includes particulars such as names, dates of birth, addresses, form of marriage, and registration dates.
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