In Nigeria, marriage is not just a cultural or religious affair; it also has legal implications that must be carefully considered before saying, “I do.” Here are some key legal factors to take into account:
1. Type of Marriage
Nigeria recognizes different types of marriage, each with distinct legal implications:
-
- Customary Marriage (traditional)
-
- Islamic Marriage (Sharia-based)
-
- Statutory Marriage (under the Marriage Act)
If you choose a statutory marriage, you cannot legally marry another spouse. However, customary and Islamic marriages allow polygamy. Your choice affects your rights, inheritance, and divorce process.
2. Legal Capacity to Marry
Certain conditions must be met before a marriage is valid under Nigerian law:
-
- The parties must be of legal age (18 years old under the Child Rights Act, though some customs allow younger marriages).
-
- Both parties must have sound mind and be capable of giving consent.
-
- There must be no existing valid marriage (except in polygamous unions under customary or Islamic law).
-
- The couple must not be closely related by blood (consanguinity) or by marriage (affinity).
3. Marriage Registration & Documentation
For statutory marriage:
-
- You must give 21 days’ notice at a registry.
-
- After the notice period, a marriage certificate is issued if no objections arise.
-
- The marriage must be conducted before a licensed registrar or clergy and two witnesses.
For customary marriage, traditional rites and parental consent are often required, though there is usually no formal registration process unless later registered with the state.
4. Property and Financial Rights
Marriage affects property ownership and financial rights. Under statutory marriage:
-
- Couples can own property jointly or separately.
-
- In the event of divorce, courts may divide assets based on contributions and fairness.
-
- Customary marriage may follow traditional inheritance laws, which sometimes favor male heirs.
5. Spousal Rights & Responsibilities
Marriage creates legal obligations such as:
-
- Financial support (husband is traditionally expected to provide, though laws don’t forbid joint responsibility).
-
- Fidelity and consortium (right to companionship and sexual relations).
-
- Right to inheritance (varies under statutory vs. customary law).
6. Divorce and Dissolution
Ending a marriage is governed by different laws:
-
- Statutory marriage requires proving grounds like adultery, cruelty, desertion, or irretrievable breakdown.
-
- Customary marriage may be dissolved by returning bride price or following traditional processes.
-
- Islamic divorce follows Islamic laws, often favoring the husband’s right to initiate.
7. Religious and Cultural Considerations
Some marriages require compliance with both civil and religious laws. Certain churches and mosques have specific marriage procedures, and failing to adhere can lead to community or family disputes.
8. Dual Citizenship & International Marriages
For a foreigner marrying a Nigerian, legal processes must be followed:
-
- Proof of single status (affidavit or divorce certificate).
-
- Marriage registry compliance.
-
- Potential visa or residency implications.
Conclusion
Marriage in Nigeria is a legal contract with far-reaching consequences. Understanding the legal framework ensures that both parties enter the union with clarity, security, and legal protection. Whether it’s a traditional, Islamic, or statutory marriage, knowing your rights and obligations is essential.
Would you like this tailored for a specific type of marriage?
Author:
(c) Sun Natha-Alade & Partners – SNATHAP
Legal Practitioners & Notary Public
www.snathap.com snathaplegals@gmail.com08064961554, 08024116857
