Legal Review: Elements that can give rise to a Presumption of Marriage

The Elements that can give rise to a Presumption of Marriage are as follows; 

1. The parties must have lived together for a long period of time. 
2. The parties must have the legal right or capacity to marry. 
3. The parties must have intended to marry. 
4. There must be consent by both parties. 
5. The parties must have held themselves out to the outside world as being a married couple. 
6. The onus of proving the presumption is on the party who alleges it. 
7. The evidence to rebut the presumption has to be strong, distinct, satisfactory and conclusive. 
8. The balance of proof is on a balance of probabilities.