- INVARIABLE CONSEQUENCES OF MARRIAGE
- VARIABLE CONSEQUENCES OF MARRIAGE
- CONSORTIUM
- SEXUAL INTERCOURSE
- ENTICEMENT
- HARBOURING
- LOSS OF RIGHT TO CONSORTIUM
- CONTRACTUAL RELATIONS BETWEEN SPOUSES
- WIFES AUTHORITY TO PLEDGE HUSBANDS CREDIT
- COHABITATION
- TORTS
- HUSBAND IN CRIMINAL LAW
- WIFE IN CRIMINAL LAW
- MUTUAL DEFENCE
- DEFENCE OF PROPERTY
- CITIZENSHIP
- MARRIAGE CELEBRATED ABROAD
- CUSTOMARY LAW MARRIAGE
Invariable Consequences of Marriage
Invariable consequences of marriage refer to the legal effects and obligations that arise automatically upon the formation of a valid marriage, regardless of the specific terms or conditions agreed upon by the spouses. See the Matrimonial Causes Act, the Marriage Act, and the Evidence Act. See the case of Lawal v Younan (1961) where the court established the presumption of legitimacy of children born within a marriage and the case of Okonkwo v Okonkwo (1964) where the court addressed the issue of succession rights of a surviving spouse.
Examples includes;
1.Mutual Rights and Obligations: this is where both spouses have the right to consortium, which includes companionship, assistance, cohabitation, and sexual relations.
2.Legitimacy of Children: this is where children born within a marriage are presumed legitimate.
3.Succession Rights: this is where spouses have rights to inherit from each other under the Administration of Estates Law.
Variable Consequences of Marriage
Variable consequences of marriage depend on the specific circumstances and agreements between the spouses, and may vary from one marriage to another. See the case of Enekwe v Enekwe (1964) where the court highlighted the variability in property ownership arrangements and the case of Ekwueme v Ekwueme (1967) where the court discussed the variability of spousal maintenance obligations.
Examples includes;
1.Property Ownership: this is where property is owned and managed can vary based on pre-nuptial agreements or community property laws.
2.Maintenance and Support: This is where the extent and nature of spousal support can vary based on the financial status and needs of each spouse.
Consortium
Consortium refers to the mutual rights of spouses to each other’s company, cooperation, affection, and services. See section 34 of the Matrimonial Causes Act which provides for the rights to consortium between married couples and the case of Ogundimu v Ogundimu (1965) where the court upheld the right to consortium, emphasizing companionship and assistance.
Sexual Intercourse
Sexual intercourse is considered a fundamental component of marital consortium, and the refusal to engage in it can be grounds for matrimonial relief. See the case of Lazarus v Lazarus (1967) where the court addressed the refusal of sexual intercourse as a ground for divorce.
Enticement
Enticement occurs when a third party persuades or induces a spouse to leave the other, interfering with the marital relationship. It is recognized under common law and applicable in Nigeria. See the case of Jones v Williams (1956) where the court recognized the tort of enticement and awarded damages.
Harbouring
Harbouring refers to providing shelter or refuge to a spouse who has left the marital home without just cause. The common law recognizes the tort of harbouring. See the case of Oloja v Oloja (1955) where the court addressed the issue of harbouring a spouse without just cause.
Loss of Right to Consortium
A spouse may lose the right to consortium through actions such as adultery, desertion, or other significant marital misconduct. See the case of Ademola v Ademola (1963) where the court addressed the loss of consortium rights due to adultery.
Contractual Relations Between Spouses
Spouses can enter into contracts with each other, although certain limitations apply due to the fiduciary nature of the marital relationship. See the case of Onwudinjo v Onwudinjo (1970) where the court upheld the validity of a contract between spouses.
Wife's Authority to Pledge Husband's Credit
A wife may have the authority to pledge her husband’s credit for necessaries, depending on the circumstances and local customs. See the case of Odofin v Odofin (1958) where the court examined the wife’s authority to pledge her husband's credit for household expenses.
Cohabitation
Cohabitation refers to the living together of spouses in a shared household. The Matrimonial Causes Act addresses the rights and obligations related to cohabitation. See the case of Okwueze v Okwueze (1966) where the court emphasized the importance of cohabitation in marriage.
Torts
Spouses can sue each other in tort, although certain limitations apply. See the case of Esan v Esan (1962) where the court recognized the right of spouses to bring tort claims against each other.
Husband in Criminal Law
A husband can be held criminally liable for acts such as domestic violence, rape, and other criminal offenses. See the case of State v Adewunmi (1972) where the court addressed the criminal liability of a husband for domestic violence.
Wife in Criminal Law
A wife can also be held criminally liable for offenses, including those committed against her husband. See the case of State v Makanjuola (1974) where the court examined the criminal liability of a wife for an offense against her husband.
Mutual Defence
Spouses have the right to defend each other against unlawful attacks. Where the Criminal Code Act provides for the right to self-defense, applicable to mutual defense. See the case of Akintoye v State (1971) where the court upheld the right of a spouse to defend the other.
Defence of Property
Spouses have the right to defend their marital property against unlawful intrusion or theft. See the case of Nwosu v State (1973) where the court recognized the right to defend marital property.
Citizenship
Marriage to a Nigerian citizen can affect the citizenship status of a foreign spouse. See section 26 of the Nigerian Constitution which addresses citizenship through marriage and the case of Adeleke v Federal Republic of Nigeria (1965) where the court examined the citizenship rights of a foreign spouse married to a Nigerian.
Marriage Celebrated Abroad
Marriages celebrated abroad can be recognized in Nigeria if they meet certain legal requirements. See section 49 of the Marriage Act which provides for the recognition of foreign marriages and the case of Bamidele v Bamidele (1970) where the court addressed the recognition of a marriage celebrated abroad.
Customary Law Marriage
Customary law marriage is a marriage conducted according to the customs and traditions of the ethnic group to which the parties belong. The Marriage Act and Matrimonial Causes Act provides for the recognition and regulation of customary law marriages. See the case of Obiechina v Obiechina (1973) where the court upheld the validity of a customary law marriage.
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