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 contracts a marriage in accordance with customary law, shall be liable to imprisonment for five years.10

Celebration of marriage

Contrary to popular belief, statutory marriages in Nigeria can be conducted in three venues as provided by the Marriage Act. Firstly, statutory marriage can take place in a licensed place of worship, subject to compliance with statutory requirements.11 Secondly, parties may, if they think fit, contract a marriage before a registrar, in the presence of two witness in his office.12 Thirdly, a license may be issued authorizing the celebration of marriage at a place other than a licensed place of worship, or the office of registrar of marriages.13

Recently there was a controversy as to whether the Ministry of Interiors has power to operate marriage registries, conduct marriages and issue marriage certificate alongside the Local Government.14 However, on the 2nd day of August, 2023, the Court of Appeal Lagos division held inter alia that the Federal and Local government councils have the legal authority to celebrate, contract and register marriages between prospective couples.

Matrimonial Causes

As long as there are interactions between persons, there are bound to be controversies. Matrimonial causes refer to legal issues or disputes related to marriage15. The term is often used in legal contexts to describe a range of issues that arise in a marriage, including divorce, annulment, separation, and disputes over custody of children, spousal support, and property division.16 The Matrimonial Causes Act is the main law that governs Matrimonial causes in Nigeria. The various decrees that can be made by the court in matrimonial causes are discussed hereunder:

  1. Dissolution of Marriage: This legal procedure terminates a marriage due to irretrievable breakdown. Grounds for dissolution are as contained in the Matrimonial Causes Act.[17]
  2. Nullity of Marriage: this process declares a marriage void or voidable due to certain defects in the marriage. A marriage is void where in view of its defects, it is of no effect and is regarded as one that never took place.18 A voidable marriage on the other hand is one where, in spite of the defect(s), the marriage is valid and subsisting until there is a court order setting it aside.19
  3. Judicial Separation: under this decree, couples can live apart under court order while legally married. This suspension of cohabitation doesn't' dissolve the marriage but relieves parties from living together. Judicial separation may be ordered by the court under one or more of the facts that needs to be proved for dissolution of marriage.20
  4. Restitution of Conjugal Rights: this decree allows a deprived spouse to seek Court's intervention to restore conjugal rights21.
  5. Jactitation of Marriage: this decree prohibits false claims of marriage by restraining individuals from deceitfully boasting about marital status. The Cout has discretion in granting this decree.

Institution of proceedings

Legal proceedings with respect to Matrimonial Causes can be initiated in High Court of any State of the Federation.22 Service of process can be done within or outside the country according to the rules of Court, with the possibility of dispensing with formal service if deemed necessary.23 That is to say, like other originating processes, a petition can be served either personally or via substituted means on the respondent.

Conclusion

It is important that parties intending to contract statutory marriage are well informed of the rights steps to be taken in order to contract a valid statutory marriage and also about the whole concept of statutory marriage. This work has attempted to provide such necessary information.

Footnotes

1. Cap. M6 Laws of the Federation of Nigeria, 2004

2. Cap. M7 Laws of the Federation of Nigeria, 2004

3. See section 7, 8 and 9 of the Marriage Act.

4. Section 11(1)(a) Marriage Act.

5. 11(1)(b) Marriage Act

6. 11(1)(c) Marriage Act. See the first schedule of the matrimonial causes act for prohibited degree of consanguinity and affinity.

7. 11(1)(d) Marriage Act.

8. Section 33(1) Ibid

9. Section 46 Ibid

10. Section 47 Ibid

11. See section 21 of the Marriage Act

12. Section 27 Marriage Act

13. Section 29 Marriage Act

14. Eti-osa LGA & 3 ors v. Hon. Minister of Interior & 2 ors (FHC/LS/CS/816)

15. Matrimonial Causes (uollb.com)

16. ibid

17. Section 15(1) Matrimonial Causes Act

18. ibid

19. ibid

20. See section 15(2) and 16(1) Ibid

21. Conjugal rights include companionship, comfort, sexual relations, affection and so on

22. Section 2 Ibid

23. Section 106 Ibid

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.