Important Facts About Marriage and Divorce in Nigeria

Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. ESSENTIAL VALIDITY OF MARRIAGE The parties to a marriage under the act must possess the necessary capacity.

1. NEITHER PARTY MUST BE MARRIED

Marriage under the act is monogamous in nature, being a union of one man and one woman to the exclusion of others. Consequently, a party to a subsisting statutory or customary law marriage has no capacity to enter into another statutory marriage with another person.

2. CONSENT OF THE PARTIES

The voluntary consent of the parties is a prerequisite for the celebration of a statutory marriage. The absence of such consent, or the granting of it under duress or misapprehension, vitiates the agreement.

3. PARENTAL CONSENT

Where either party to a statutory marriage, not being a widow or a widower, is under 21 years of age, he or she must obtain a written consent of the father. But if the father is dead or of unsound mind or absent from Nigeria, the mother may give the necessary consent. Where both parents are dead or are of unsound mind or out of Nigeria the guardian of the minor can give the consent.

4. PROHIBITED DEGREE OF CONSANGUINITY AND AFFINITY

The parties to a statutory marriage must not be related by blood in any way. In other words, they must not be brothers or sisters or of any extended relation.

5. SANITY

It is necessary that parties to a statutory marriage are sane. If one of the parties is insane and therefore mentally incapable of understanding the nature of the marriage contract the marriage is void ab initio.

6. AGE

 The marriage act did not lay down any mandatory age for marriage. Section 3 (1) (e) of the matrimonial causes Act makes a marriage void where either of the parties is not of ‘Marriageable Age’ but nowhere in the statute is the term ‘marriageable age’defined. In the absence of a statutory definition recourse may be made to the common law of England; part of the received English law in Nigeria. Under the common law, a valid marriage may be contracted if the parties have attained the age of puberty- fourteen years in the case of boys and twelve years for girls.   CELEBRATION OF MARRIAGE When the parties to an intended marriage have obtained either a registrar’s certificate or a special license they may be married in one of two different ways. 1. Marriage in a licensed place of worship: The governor of a state is authorized by the marriage act to license any place of public worship within his state to be a place for the celebration of marriage. Said license may also be revoked. Notice of the approval or revocation must be published in the state gazette. The parties may have their marriage celebrated in a licensed place of worship by any recognized minister of the church, denomination or body to which such place of worship belongs. The marriage must be celebrated with open doors between 8am and 6pm in the presence of at least two witnesses beside the officiating priest. Such celebration must be in accordance with the rites or usages of marriage observed in such church, denomination or body.  Consequently, it is contrary to the law, for a Methodist priest for instance, to solemnize a marriage in a licensed Catholic church, either according to rites of the Catholic church or according to those of his own church. 2. Marriage in a registrar’s office : Parties who have obtained a registrar’s certificate may, as alternative, contract a marriage before a marriage registrar in his office and in the presence of two witnesses. The celebration of the marriage must take place with open doors between 10am and 4pm. 3. Church marriage: This is NOT valid under the Marriage Act. It is common in Nigeria to see some couples go through a marriage ceremony in accordance with some religious rites especially in churches, without first going through the statutory requirements already mentioned above. All such marriages celebrated in churches without compliance with the Marriage Act are NOT valid marriages under the Act. A party to such can still go on and be married as many times as he pleases to other persons. This is because the marriage is not statutory.   GROUNDS FOR DISSOLUTION OF MARRIAGE The circumstances under which the court may make a decree for the dissolution of marriage are spelt out under section 15 (1) of the matrimonial causes Act. It states that the court may make a decree of dissolution on the ground that the marriage has broken down irretrievably. As to what amounts to irretrievably break down of a marriage, section 15 (2) provides that the court may hold that a marriage has broken down irretrievably if, but only if, the petitioner satisfy the court of one or more of the following facts:

1. That the respondent has willfully and persistently refused to consummate the marriage.

2. That since the marriage, the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

3. That since the marriage the respondent has behaved in such way that the petitioner cannot reasonably be expected to live with the respondent.

4. That the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition.

5. That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of this petition.

6. That the other party to the marriage has failed to comply with the decree of restitution of conjugal right made under the act.

7. That the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.

  JUDICIAL SEPARATION This is the forerunner of modern day divorce. It is a period where both parties are legally made to say apart for a period of time within which they may reconsider their stand. The grounds for a petition for judicial separation are provided for under section 39 of the matrimonial causes Act. Under the said section, one or more of the grounds for which a petition may be brought for dissolution of marriage under section 15 (2) and section 16 (1) of the Act, may constitute ground(s) for judicial separation.      About the Writer: Evans Ufeli is a lawyer and the author of acclaimed novel, ‘Without Face’. He is also an Alumni member of the Writers Bureau, Manchester, a highly sought-after conference speaker with a passion for the concept of change. He lives in Victoria Island, Lagos. You can contact him via Facebook: Evans Ufeli, Email: evanylaw@yahoo.com, Twitter: @Evansufeli and Phone: 08037712353. He blogs at www.ethicsafrica4u.wordpress.com.      

---

You might also like:

• 3 Tips For Fundraising
• 4 Tips Fashion Designers Should Know About Replicating Styles
• 10 Tips To Gain More Twitter Followers
• 5 Tips To Consider When Buying Goods As A Fashion Entrepreneur

This article was first published on 23rd June 2015

---

---

Comments (6)