🎥 Légal Light – Episode 2: Family Law

🟡 Question to Maître Samuel:

“What does Congolese law say about a couple who lives together for over 10 years, has children, but is not legally married?”

🔹 Summary of Maître Samuel’s Response:

1. Cohabitation is not recognized as marriage under Congolese law.

   Living together for 10, 15, or even 20 years does not constitute a legal marriage.

   
   

2. No legal implications.

   Rights and obligations apply only between the two individuals. This union has no legal value in relation to third parties.

   
   

3. No legal claim without a marriage certificate.

   In case of conflict or separation, no judge can intervene because the relationship is not legally recognized.

   
   

4. Requirements for a legal marriage:

   - Mutual consent

   - Legal capacity (minimum age of 18)

   - Payment of dowry to the bride’s family

5. Two types of recognized marriages:

   
   

   • A marriage celebrated within the family, then registered at the civil registry

   • A marriage directly celebrated before a civil registry officer

   
   

6. Mandatory choice of a matrimonial regime:

   
   

   • Universal community of property

   • Community limited to jointly acquired property

   • Separation of property

   
   

7. Cohabitation carries serious risks.

   After 10 or 20 years of living together:

   
   

   • No judicial protection

   • No guarantee of compensation

   • Disputes must be settled amicably or within the family

   • A judge cannot intervene, as the union is not legally acknowledged