STATUTORY MARRIAGE

In a statutory marriage, a man and a woman can only be wed to one another at a time, making it effectively a monogamous union. It is subject to the rules and regulations of the Marriage Act; this kind of marriage is also referred to as marriage under the Act. For the couple, as well as their offspring, it confers significant advantages and privileges concerning inheritance, wills, and other family-related problems. In Nigeria, a legally sanctioned marriage must begin at the Marriage Registry and may conclude at any permitted public location, including places of worship.

What is statutory marriage’s legal framework?

The following federal laws govern statutory marriage in Nigeria:

The Marriage Act: In Nigeria, this law regulates the signing and commemoration of legally mandated marriages.

The Matrimonial Causes Act: These acts governs and decide issues pertaining to statutory marriages in Nigeria, such as divorce, separation, custody, and support

The Matrimonial Causes Rules: These are a set of rules established by Nigeria’s High Courts in accordance with the Matrimonial Causes Act to handle and decide issues involving statutory marriage in the country.

Nigeria’s High Courts are located in every state, including the Federal Capital Territory of Abuja, according to the country’s constitution.

The High Court of a State is the exclusive forum for resolving matters pertaining to divorce and other associated matters that result from statutory marriages.

A wife wishing to uphold her marital rights may file an appeal against the High Court’s decision at the Court of Appeal, with the Supreme Court of Nigeria serving as the final court to hear the case if the resolution is not justified.

What Makes a Valid Statutory Marriage?

For a statutory marriage to be deemed lawful, it must fulfill specified requirements. It can be finished in the Marriage Registry, a licensed marriage venue, or any other public location (with special permission from the Minister of Interior), even though it must start there. Therefore, further consideration will be given to what constitutes a lawful statutory marriage in the following situations: the Marriage Registry, a licensed marriage venue, or any other public setting.

In general, a legitimate statutory marriage results from the actions listed below. These procedures encompass the phases of statutory marriage in the

Marriage Registry,

Licensed marriage venue,

Or any other public location before, during, and following the public celebration (wedding) for which a certificate is granted. It also discusses the situations under which a statutory marriage is void.

A: Broad Implementation of Statutory Matrimony

1. You must obtain a “Notice of Marriage” from the Marriage Registry to be filled, signed, and returned to the Registrar of Marriages (Section 7 of the Marriage Act [MA]);

2. The Registrar shall enter the notice of marriage into the “Marriage Notice Book” and affix a copy of the notice on the outer door of his office for all to see until the “Marriage License” has been granted or until 3 months have elapsed (Section 10 of MA);

3. If, after 21 days, there are no objections to the granting of a Marriage Certificate by members of the public and the prescribed fees having been paid to the Registry and appropriate affidavit of facts has been made, the Registrar shall then issue a “Registrar’s Certificate” to the couple, which will allow them to publicly celebrate their marriage in the Marriage Registry, a licensed place of worship or at any other licensed public place. (Section 11 of MA);

4. The marriage can then be celebrated within three months from the date of notice in any of the approved places (the marriage registry, a licensed place of worship or at any other licensed public place). If the marriage does not take place within three months, the notice as well as all other subsequent proceedings will no longer be valid. In such circumstance, for a valid marriage to be contracted, the entire process must be repeated, unless a waiver is obtained through a special license from the Minister of Interior. (Section 12 of MA).

B. Marriage Celebration in a Place of Worship (commonly known as church wedding)

1. Any authorized clergy member of a licensed place of worship may perform a marriage ceremony there in compliance with the marital rituals followed by that place of worship after obtaining a “Registrar’s Certificate,” enabling a public celebration (wedding).According to Section 21 of the Massachusetts legislation, the marriage must take place between the hours of eight in the morning and six in the evening, and it must be seen by a minimum of two individuals, excluding the cleric officiating the service;

2. The chief Registrar in charge of a Marriage Registry provides “Books of Marriage Certificates” to recognized clergies of licensed places of worship. When a marriage is celebrated in a house of worship with a license, the clergy is expected to write out a duplicate Marriage Certificate with the necessary details, including the couple’s name, the date of the marriage, and the names of the witnesses. The parties to the marriage, the presiding cleric, and two or more witnesses to the marriage must then sign the certificate (Sections 24-26 of MA);

3. One of the duplicate marriage certificates will be given to the couple by the clergy, and they have seven days to send the other copy to the district’s registrar of marriages, who will file the certificate in his office (per Section 26 of the MA).

4. The marriage certificate in question is a federal government of Nigeria document that bears the Nigerian coat of arms perpetually. It should not be mistaken for simple certificates made and issued under the names of religious institutions, centers, or groups. A more reliable evidence of statutory marriage is the federal government-issued marriage certificate described above.

C. Celebration in a Registrar’s office (commonly known as court wedding)

1. A marriage can take place in the office of the Registrar of Marriage in the presence of two witnesses and between the hours of ten in the morning and four in the evening (Section 27 of the MA) after obtaining a “Registrar’s Certificate,” authorizing a public celebration (wedding)

2. Following the exchange of marriage vows in the Registrar’s presence, the Registrar fills out the Marriage Certificate, which the parties, the witnesses, and the Registrar sign in duplicate (Section 28 of the MA)

3. In accordance with Section 28 of the MA, the Registrar will present the couple with one copy of the marriage certificates and keep the other copy in his office.

4. The marriage certificate in question was issued by the federal government of Nigeria and will always bear the country’s coat of arms.

D. Marriage Celebration Outside the Marriage Registry and A Licensed Place of Worship

If the Minister of Internal Affairs thinks it appropriate, he may authorize a couple to get married without requiring a Registrar’s Certificate and a Notice. As long as all the procedures are followed and a copy of the marriage certificate is sent to the Registrar’s office, the license also permits a marriage to occur someplace other than a place of worship or the Registrar’s office (Section 13 of the MA). The marriage certificate in question was issued by the federal government of Nigeria and will always bear the country’s coat of arms.

E. Circumstances That Will Render a Statutory Marriage Invalid (Section 33 of MA)

1.If any of the parties (persons) to a marriage is already married to another person under any customary law, before the statutory marriage;

2.If the parties knowingly and willfully celebrated their marriage in a place other than the Registrar’s office or a licensed place of worship without a special license from the Minister of Internal Affairs