Section 6, Marriage and Divorce Act, 2007

(1) Where the personal law of co-habiting persons iscustomary law and the persons– (a) are not below eighteen years; and (b) have lived together as husband and wife for a continuous period of not less than five years, they shall be deemed to be married under customary law notwithstanding that they may not have performed any customary rites of marriage. (2) A marriage deemed to have been contracted by virtue of subsection (1) may be registered under Part III. PART III – REGISTRATION OF CUSTOMARY MARRIAGE