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In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

Granting ‘sanctuary’ in the United States to those fleeing poverty and violence is rooted in a deep history of hospitality and compassion. As we are witnessing a rise in xenophobia accompanied by policies of exclusion, we also see a rising number of ‘sanctuary jurisdictions’ limiting their cooperation with immigration authorities that many communities consider are using extremely harsh and punitive measures to detain and deport irregular migrants. As this chapter will demonstrate, there has been a dramatic increase through ‘immigration federalism’ of the number of these jurisdictions in cities, states and municipalities since the first practices of ‘sanctuary’ in the 1980s as result of the waves of forced migration due to the civil wars in Central America. The author also proposes that those entities granting ‘sanctuary’ to irregular migrants should also apply practices of ‘compassionate migration’ as described in the chapter to expand their protections further and include them in their communities.