Common mistakes that could render your marriage a nullity or voidable under Nigerian Law – SNATHAP

Under Nigerian law, a marriage can be either void (having no legal effect from the outset) or voidable (valid until declared invalid by a court). The Matrimonial Causes Act (1970) outlines the grounds for both.

1. Mistakes that Render a Marriage Null and Void (Void Marriages)

A void marriage is considered never to have existed legally. Common mistakes that lead to a void marriage include:

1. Non-compliance with legal requirements
   • Failure to follow the prescribed marriage procedure under the Marriage Act (e.g., not obtaining a marriage license, failing to publish banns properly).
   • Marriage conducted by an unauthorized person or in an unauthorized place (e.g., a church not licensed for statutory marriages).
2. Existing lawful marriage (Bigamy/Polygamy in statutory marriage)
   • If either party was already married under statutory law and attempts to marry another person, the second marriage is void.
   • A person married under customary law can take more wives under the same system, but if they attempt a statutory marriage without dissolving the first, the second marriage is void.
3. Prohibited degrees of consanguinity or affinity (Incestuous relationships)
   • Marrying a close blood relative, such as a sibling, parent, or child, renders the marriage void.
   • Some affinity relationships (such as a step-parent marrying a step-child) may also be void.
4. Underage marriage (Child marriage under statutory law)
   • If either party is under the legal age for marriage (21 years without parental consent, or 18 years under the Child Rights Act), the marriage may be void.
5. Lack of consent due to fraud, duress, or mistake
   • If one party was forced into the marriage under duress, or if there was fraud regarding the nature of the marriage (e.g., impersonation), it is void.
6. Same-sex marriage
   • Nigerian law explicitly criminalizes same-sex unions under the Same-Sex Marriage (Prohibition) Act (2014), making such marriages automatically void.

2. Mistakes that Render a Marriage Voidable (Voidable Marriages)

A voidable marriage is valid until one party challenges and successfully annuls it in court. Grounds include:

1. Impotence or inability to consummate the marriage
   • If a spouse is permanently incapable of sexual intercourse, the other party may seek annulment.
2. Lack of valid consent (Mental incapacity or intoxication at the time of marriage)
   • If one party was insane, heavily intoxicated, or otherwise incapable of understanding the nature of the marriage at the time of the ceremony, it is voidable.
3. Marriage under mistaken identity or fraud
   • If a person was deceived about who they were marrying (e.g., mistaken identity), they may apply for an annulment.
4. Venereal disease or pregnancy by another person at the time of marriage
   • If, at the time of marriage, one party was suffering from a venereal disease or the wife was pregnant by another man without the spouse’s knowledge, the marriage may be annulled.
5. Failure to comply with customary marriage requirements (for marriages under native law and custom)
   • If essential rites or payments (e.g., bride price) were not completed, the marriage might be voidable under customary law.

Conclusion

Understanding these legal pitfalls is crucial for ensuring a valid marriage in Nigeria. If a marriage is suspected to be void or voidable, legal action through the High Court may be necessary to declare its status.

Author: Olanlekan Natha-Alade

(c) Sun Natha-Alade & Partners  (SNATHAP)

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