Eng Guek Kang - Page 10




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          alleging the existence of a marriage.  In this case, the burden             
          falls on respondent.  On the other hand, there is such a strong             
          public policy in favor of marriage that the law seizes upon all             
          presumptions in order to repel the conclusion of unmarried                  
          cohabitation.  See Thomas v. Thomas, 53 Wash. 297, 101 P. 865               
          (1909); Goldwater v. Burnside, 22 Wash. 215, 219, 60 P. 490                 
          (1900).  Such presumptions of marriage may be overcome only by              
          the weight of clear, cogent, and convincing evidence.5  See In re           
          Sloan’s Estate, 50 Wash. 86, 88-89, 96 P. 684 (1908).                       
               A presumption of marriage exists upon proof of continual               
          cohabitation and reputation of marriage in the community due to             
          the parties’ holding themselves out to be married.  See                     
          Weatherall v. Weatherall, 56 Wash. 344, 349-351, 105 P. 822                 
          (1911).                                                                     
               Section 5.44.140 of the Washington Code states as follows:             
                    In any proceeding regarding the determination                     
                    of a family relationship, including but not                       
                    limited to the parent and child relationship                      
                    and the marriage relationship, a                                  
                    determination of family relationships                             
                    regarding any person or persons who                               
                    immigrated to the United States from a                            
                    foreign country which was made or accepted by                     
                    the United States immigration and                                 
                    naturalization service at the time of that                        
                    person or persons’ entry into the United                          
                    States creates a rebuttable presumption that                      


               5    The clear, cogent, and convincing evidence is a higher            
          standard of evidence than a mere preponderance of evidence due to           
          the strong public policy in support of marriage.  See In re                 
          Sloan’s Estate, 50 Wash. 86, 88-89, 96 P. 684 (1908).                       





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