How Legal Is Your Legal Marriage?

 

A Facebook group i belong to had posted that the only recognized marriage is the *court marriage* (Registry) and going through the responses, i realized that most Nigerians are in void or voidable marriages. That necessitated this write-up. You need to hear this, going to a church and being declared “man and woman” without an earlier strict observance of legal marriage requirements is no marriage in the eyes of law. Church or court marriage are one and the same thing if and only if the procedures were duly followed out.

 

A purported union with one who is validly married is not a marriage. No matter how valid a marriage is in the eyes of the couple, clergy, relatives, church and the society, it must equally be valid before the law for it to be legal. The Bible urges us to respect laws and constituted authorities; for a marriage to be legal it must be in accordance with the provisions of the Marriage Act of 1990 except for traditional marriages, irrespective of the religious inclinations of the couples.

 The legality of your marriage may not border you now, until issues of rights, privileges, international employment, travel visa, will, inheritance, divorce, child custody, guardianship, annuity, insurance and burial arises. Before it gets dark, this article is to guide you on making and contracting a valid marriage in the eyes of the law.

Did you know that it is an offense for same couple to first marry according to the law “English Marriage” and then subsequently marry themselves according to the traditional/customary law. Such act is punishable with five years imprisonment as prescribed in section 47 of the Marriage Act. Many couples in a bid to maximize time, minimize cost and avoid waste are guilty of the above offense. Hence the trend of “white wedding” in the morning and traditional marriage in the afternoon or anytime later is illegal and a punishable offence.

Did you know that Whether you want your bishop, archbishop or court to wed you, you must start the process from step 1, as provided for in section 13, Marriage Act Cap 218, Laws of the federation of Nigeria 1990 and end in step 3 (discussed later). In summary, couple must give notice of their marriage to the Registrar of marriage in their local Government Area. The Registrar would in turn register such notice in the “Marriage Notice Book” and equally cause same notice to be published on his door and notice board at the local government office for twenty-one (21) days. During the twenty-one days people are expected to report any reason why the potential couple should not be wedded. Where there is no protest from the public to such impending union, at the expiration of 21 days, the Registrar of Marriages shall issue a Registrars’ Certificate to the couple. section 22, Marriage Act Cap 218, Laws of Federation 1990. The certificate empowers the concerned couple to go ahead and celebrate their marriage (exchange of vows) within three months. Such exchange must be done in public, often in a licensed place of worship (church) and before a registered clergy. 

(At that stage, people refer to such as “church wedding”). Some couple prefer to celebrate their own marriage (exchange vows) not in a church rather in the office of the Registrar of marriages, before the Registrar of marriages and a few witnesses. (At that stage, people refer to such as “Court wedding”). In all the two methods are same, from same origin and with the same legal benefits and responsibilities (it is a matter of convenience).  

Did you obtain the registrar's certificate before your marriage was conducted in a court or church? Is your church a licensed place of worship? Did you conduct your white wedding before conducting traditional wedding same day or days, months years after? Send in your questions or enquiries in the comment box below for simple ways to go about legitimatizing the illegal marriage you may be into.

 You may not understand it now, until issues of inheritance, female children's right to their father's property in some cultures, international travels etc arises. When you follow the laid down principle in the marriage Act, no matter the custom of your tradition as regards female inheritance, the rights of the children of parents married under the marriage will over rule any other customary rights.

until then remain blessed...