12/09/2024
Understanding Marriages in Nigeria: Customary vs. Statutory
Marriage is the union of a man and a woman in matrimony. In Nigeria, we have various types of marriages, including Customary, Islamic, and Marriage under the Act (commonly known as 'court marriage'). Today, let's focus on Customary Marriage, which is prevalent in the southern part of Nigeria.
Customary Marriage and Polygamy
There's a popular saying that men are naturally polygamous. If you're considering multiple wives, Customary Marriage is your go-to option. This type of marriage allows for polygamy, unlike Marriage under the Act, which is strictly monogamous.
Legal Implications of Mixing Marriage Types
If a man marries under Customary Law and then marries the same woman under the Act, he cannot marry another woman under the Act without nullifying the first union. Doing so could lead to charges of bigamy, punishable by imprisonment or a fine.
Inheritance and Customary Law
When a man marries under Customary Law and dies without a will, his estate is distributed according to the customs and traditions of his community. However, if he marries under the Act, his wife is entitled to administer his estate, followed by their children, parents, and so on.
Recent Legal Developments
A recent Court of Appeal judgment is set to challenge the foundations of the Marriage Act, particularly concerning Islamic marriages. This could have far-reaching implications for other forms of marriage. We await the Supreme Court's decision on this.
Marriage Under the Act
Marriage under the Act must be held at a marriage registry or a licensed place of worship. Often, people go through traditional, court, and church marriages, which might be redundant. For instance, in the Catholic Church, the marriage registry process is integrated, making it a valid marriage under the Act.
Ending a Marriage
The only way to end a Customary Marriage is by returning the dowry. In contrast, a marriage under the Act can only be dissolved through divorce.
When Marriages Hit Rough Waters
When a marriage faces challenges, couples can opt for judicial separation (court-ordered) or mutual separation. These options can sometimes save the marriage. Divorce should be considered only when the marriage has irretrievably broken down.
Lawyers should inform couples about these alternatives. Sometimes, a temporary separation can help mend fences and save the union. If a judicial separation order is given, it must be vacated by the court for the couple to reconcile.
Thank you for reading! Feel free to share your thoughts and experiences.