- VOID MARRIAGE
- VOIDABLE MARRIAGE
- IRREGULAR MARRIAGE
- INCOHATE MARRIAGE
Void Marriage
A void marriage is a marriage that is considered null and void from its inception. This means that it is treated as if it never existed. In Nigerian law, several circumstances can render a marriage void. No need for a formal decree of nullity and parties are free to remarry as the marriage is considered never to have existed.
Grounds for Void Marriage:
1.Non-compliance with Statutory Requirements: this is where the marriage does not comply with the statutory requirements under the Marriage Act, it is void.
2.Age Requirement: this is where the parties must be of marriageable age (18 years). If one party is below this age without proper consent, the marriage is void.
3.Prohibited Degrees of Consanguinity or Affinity: Marriages between close relatives are void. See the case of Onuoha v Onuoha (1991), where the court declared the marriage void as the parties were within the prohibited degrees of consanguinity.
4.Bigamy: this is a case where either party is already legally married to another person, any subsequent marriage is void. See section 39 of the Marriage Act and the case of Okolie v Okolie (2002), where the court held that a marriage contracted while one party was still legally married to another person is void.
5.Same-Sex Marriage: Same-sex marriages are not recognized and thus are void. See Same Sex Marriage (Prohibition) Act 2014.
Voidable Marriage
A voidable marriage is one that is valid until it is annulled by a court. Unlike void marriages, voidable marriages are treated as valid until a decree of nullity is obtained. The marriage remains valid until a decree of nullity is granted and the children born before annulment are considered legitimate. However, parties cannot remarry until the marriage is annulled.
Grounds for Voidable Marriage:
1.Non-consummation: this is where the marriage has not been consummated due to either party's incapacity or willful refusal. See section 5(1) (a) of the Matrimonial Causes Act.
2.Mental Incapacity: this is where either party was of unsound mind at the time of the marriage. See section 5(1) (b) of the Matrimonial Causes Act and the case of Udoh v Udoh (2000), where the marriage was annulled because the husband was of unsound mind.
3.Duress or Fraud: this is where the consent of either party was obtained by duress or fraud. See section 5(1) (d) of the Matrimonial Causes Act and the case of Esangbedo v Esangbedo (1989), where the wife successfully annulled the marriage on the ground of duress.
4.Venereal Disease: this is where one party was suffering from a venereal disease at the time of the marriage and the other party was unaware. See section 5(1) (c) of the Matrimonial Causes Act.
Irregular Marriage
An irregular marriage is one that has some procedural flaws but is not necessarily void or voidable. These flaws may be due to non-compliance with certain formalities or customs. The marriage may be rectified by compliance with the necessary formalities.
Parties are considered legally married unless a significant defect that cannot be corrected is found.
Characteristics of Irregular Marriage:
1.Non-compliance with Customary or Religious Formalities: this is where the marriage ceremony does not adhere to all customary or religious formalities, it might be considered irregular. See the case of Obiekwe v Obiekwe (1963), where a marriage was considered irregular because it did not comply with all the customs, but the court upheld its validity due to substantial compliance.
2.Improper Registration: this is where the marriage is not properly registered but all other requirements are met. See section 33 of the Marriage Act which allows for registration after the ceremony if all other requirements are met.
Inchoate Marriage
An inchoate marriage is one that has not been fully completed due to the failure to fulfill certain conditions or formalities. The marriage is not considered valid until all conditions are fulfilled and parties may not be recognized as legally married until the marriage is completed.
Characteristics of Inchoate Marriage:
1.Pending Customary Rites: In some cases, marriages are considered inchoate until all customary rites are fulfilled. See the case of Agbo v Udo (1981), where the court ruled that the marriage was inchoate as the bride price had not been fully paid.
2.Failure to Register: If a statutory marriage ceremony is conducted but the marriage is not registered as required by law, it is inchoate. See section 30 of the Marriage Act, which mandates registration of marriage.
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