A presumption in family law operates as an initial assumption that is legally accepted unless effectively contested. It shifts the burden of proof to the party challenging the presumption, and it can substantially affect legal outcomes such as paternity, impacting inheritance, custody, and support obligations.
For example: If a child is born during a marriage, there’s a presumption that the husband is the father. To dispute this, another individual must provide compelling evidence within a specific timeframe to overturn this presumption. Failure to do so means the husband remains the legal father.