UNIT 10 - VOID AND VOIDABLE MARRAIGES

TOPIC OF THE DAY

- NULLITY OF MARRIAGE

- VOID MARRIAGE

- VOIDABLE MARRIAGE

- APPROBATION

Nullity of Marriage

Nullity of marriage refers to a legal declaration that a marriage is null and void from the outset. In Nigerian family law, a marriage can be declared null due to various reasons, which render the marriage either void or voidable.

Void Marriage

A void marriage is one that is considered illegal and invalid from the very beginning. This type of marriage has no legal standing, and no legal rights or obligations arise from it. Grounds for a void marriage in Nigeria are outlined in the Matrimonial Causes Act. See the case of Ukeje v. Ukeje (2001) 27 WRN 142 where the court held that a marriage contracted without adherence to the statutory requirements is void.

Grounds for Void Marriage

1. Bigamy: This is where one of the parties is already legally married to someone else at the time of the marriage. See section 33 of the Matrimonial Causes Act.

2.Prohibited Degrees of Consanguinity and Affinity: this is where the parties are within the prohibited degrees of relationship (e.g., siblings, parent and child). See section 35 of the Matrimonial Causes Act.

3.Non-compliance with Formal Requirements: this is where the marriage did not comply with the formal requirements such as the required notice and the ceremony not being conducted by a licensed person. See section 33 of the Matrimonial Causes Act.

Voidable Marriage

A voidable marriage is valid until it is annulled by a court order. This means that the marriage remains legally effective until it is declared null. The grounds for voidability are also outlined in the Matrimonial Causes Act. See the case of Akhazemea v. Akhazemea (2002) 21 WRN 95 where the court illustrated that a marriage could be voidable on the grounds of duress where one party was coerced into the marriage.

Grounds for Voidable Marriage

1.Incapacity to Consummate: this is where one party was unable to consummate the marriage. See section 5 of the Matrimonial Causes Act.

2.Mental Disorder: this happens if either party was suffering from a mental disorder at the time of the marriage. See section 5 of the Matrimonial Causes Act.

3.Venereal Disease: this is where one party was suffering from a venereal disease in a communicable form at the time of the marriage. See section 5 of the Matrimonial Causes Act.

4.Pregnancy by Another Man: this is where the wife was pregnant by another man at the time of the marriage. See section 5 of the Matrimonial Causes Act.

5.Duress and Fraud: this is where the consent of either party was obtained by duress or fraud. See section 5 of the Matrimonial Causes Act.

Approbation

Approbation refers to the acceptance of the benefits of a voidable marriage. In the context of marriage, if a party who has the right to annul the marriage due to its voidability continues to live with the other party or accepts the marital benefits after knowing the grounds for annulment, they are said to have approbated. This acceptance can prevent them from later seeking an annulment. See the case of Ezeanah v. Attah (2004) 7 WRN 61 where the court held that approbation occurs when a spouse, who is aware of grounds for annulment, continues to cohabit and perform marital duties, thus forfeiting the right to annul the marriage.