ABSTRACT
The number of couples who live together in informal unions has increased steadily over the past half century, and the mainstream society today is morally neutral towards this form of intimate association. The society today comprises of a plurality of family structures which many consider as acceptable life choices. Marriage while still very highly valued, is losing its monopoly on sexual intimacy, companionship, child bearing among others. Cohabitation nowadays often fulfills all the functions of marriage which are of benefit to the society. Whilst it lacks public commitment, in most cases, it is accompanied by private commitment to the relationship.
Having looked at the state of the law in Nigeria as regards cohabiting couples, and having considered the general acceptance and practice of cohabitation, and taking into account its rise not only in Nigeria but also in the world over, this work assesses the legal status of cohabitating couples under Nigeria laws. It recognizes that apart from the presumption of marriage in favour of cohabiting couples in the Evidence Act 2011, Nigeria Laws confers no legal status on cohabiting couples. Even the presumption of marriage under the Evidence Act, applies only to customary law marriage, it does not apply to marriage under the Act. It is to this end, that this work outlines a growing desire and need for the current laws to be streamlined and amended to cater for other relationship apart from marriage. Like the relationship of cohabiting couples. It further adds to the debate for Nigeria to make laws regulating the relationship of cohabiting couples, and argues that it would be more appropriate that law should protect the function rather than the form of relationship. However, a little difference should still exist in the regulation of marriage relationship and that of cohabiting couples so as not to discourage people from getting married.
