Demystification Of The Concept Of Statutory Marriage In Nigeria

• Published date: 29 March 2024
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Compos Mentis Legal Practitioners
• Author: Mr Nkechinyere Gloria Okalla

ABSTRACT

Controversies surrounding statutory marriages, commonly known as court marriages have led to misconceptions and uncertainties in society. Issues include eligibility criteria, marriage procedures and venues, the reliefs in matrimonial causes and so on. Due to the uncertainties, some view proponents of statutory marriage skeptically, fearing ulterior motives such financial gain through divorce as the reason for proposing statutory marriage. this article aims to clarify key aspects of statutory marriage, including eligibility, procedures, venue options and legal reliefs in matrimonial disputes.

INTRODUCTION

In Nigeria, there are three main types of marriage; Customary, Islamic and Statutory Marriage. Statutory marriage which is the focal point of this discourse is a type of marriage contracted under the Marriage Act¹ and is regulated by other laws like the Matrimonial Causes Act².

STATUTORY MARRIAGE

Under the Marriage Act, specific procedures must be followed for a valid Statutory marriage.³ These include notifying the Registry of intent to marry and fulfilling necessary requirements before the Registrar issues a certificate authorizing the parties to contract the marriage. The said certificate has a life span of three months after the expiration of the 21 days' notice period as prescribed by the Act. For the Registrar to issue the certificate, certain conditions must be met:

1. One party must have resided in the district in which the marriage is intended to be celebrated at least fifteen days preceding the granting of the certificate⁴;
2. Each party must be atleast twenty-one years old or have obtained written consent from a parent, guardian or appropriate authority.⁵
3. There must be no legal impediments to the marriage such as kindred or affinity.⁶
4. Neither party should be married under customary law to anyone else other than the person with whom such marriage is proposed to be contracted.⁷

No marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married under customary law to any person other than the person with whom such marriage is had.⁸ Whoever contracts a marriage under the provisions of this Act, being at the time married in accordance with customary law to any person other than the person with whom such marriage is contracted, shall be liable to imprisonment for five years.⁹ Conversely, whoever having contracted marriage under this Act, during the continuance of such marriage...