- REQUIREMENTS FOR MARRIAGE
- CONSEQUENCES OF MARRAIGE
- DISSOLUTION OF MARRIAGE
- LINKS BETWEEN FAMILY LAW AND OTHER BRANCHES OF LAW
- POLYGAMOUS MARRIAGE
- FIELDS ARE COVERED BY FAMILY LAW
- THE LAW OF HUSBAND AND WIFE
- LEGAL EFFECTS OF MARRIAGE
- COHABITATION
Requirements for Marriage
In Nigeria, the requirements for a valid marriage are primarily governed by the Marriage Act and customary or religious laws, depending on the type of marriage. See the case of Hyde v Hyde (1866) LR 1 P&D 130 where the court defined marriage as a union between one man and one woman to the exclusion of all others.
Under the Marriage Act
1.Parties must be at least 18 years old. If under 21, they need parental consent. See sections 11 and 12 of the Marriage Act.
2.The marriage must be monogamous; a person cannot be married to more than one spouse under statutory law.
3.A notice of marriage must be given to the registrar of marriages. See section 7 of the Marriage Act.
4.After 21 days but within three months of the notice, the registrar will issue a certificate if no objections arise. See section 10 of the Marriage Act.
5.Marriage must be solemnized in a licensed place of worship or the registrar’s office. See sections 21 and 27, of the Marriage Act.
6.At least two witnesses must be present. See section 33, of the Marriage Act.
7.Both parties must have the mental capacity to understand the nature of the marriage contract.
8.Both parties must voluntarily consent to the marriage.
Customary and Religious Laws
1.Both families must agree to the marriage.
2.Payment of bride price or dowry as per custom.
3.A traditional or religious ceremony must be conducted.
4.Customary laws often allow marriage at younger ages than statutory laws.
5.Customary and Islamic marriages can be polygamous.
Consequences of Marriage
Under the consequences of marriage, we have the legal consequences and also the social consequences. See the case of Esan v Esan (1961) 1 All NLR 290 where the court outlined the duty of maintenance and support between spouses.
Legal Consequences
1.Marriage changes the legal status of individuals.
2.Spouses have mutual rights and obligations, including consortium, support, and cohabitation.
3.Spouses have inheritance rights under statutory and customary laws.
4.Spouses may have joint property rights or separate property rights, depending on the marriage type.
5.Married couples may receive tax benefits.
Social Consequences
1.Marriage can affect social status and acceptance.
2.Changes the family structure and dynamics.
3.Fulfillment of cultural and societal expectations.
Dissolution of Marriage
The grounds for divorce can be seen in the case of Williams v Williams (1987) 2 NWLR (Pt. 54) 66 where the court discussed the grounds for dissolution and requirements for proving them.
1.Committing adultery. See section 15(2)(a), of the Matrimonial Causes Act.
2.Conduct making it intolerable to live with the respondent. See section 15(2)(c), of the Matrimonial Causes Act.
3.Desertion for a continuous period of at least one year. See section 15(2)(d), of the Matrimonial Causes Act.
4.Living apart for a continuous period of two years with consent or three years without consent. See section 15(2)(e)-(f), of the Matrimonial Causes Act.
5.Failure to provide maintenance. See section 15(2)(g), of the Matrimonial Causes Act.
Links Between Family Law and Other Branches of Law
1.Criminal Law- Domestic violence, child abuse, and bigamy are criminal offenses intersecting with family law.
2.Property Law- Issues of joint ownership, property division, and inheritance intersect with family law.
3.Contract Law- Prenuptial and postnuptial agreements involve contract principles.
4.Tax Law- Tax benefits and obligations for married couples.
5.Immigration Law- Marriage can affect immigration status and residency rights.
Polygamous Marriage
For the polygamous, see the case of Alake v Pratt (1955) 15 WACA 20 where the court addressed the legal recognition and implications of polygamous marriages.
1.Customary and Islamic laws permit polygamous marriages, where a man can have multiple wives.
2.Polygamous marriages are recognized under customary and Islamic laws but not under the Marriage Act.
3.Property distribution, inheritance, and child custody issues in polygamous families can be complex.
Fields Covered by Family Law
1.Under Marriage: it covers requirements, rights, and obligations.
2.Under Divorce: it covers grounds, procedures, and consequences.
3.Under Child Custody: it covers custody, maintenance, and welfare of children.
4.Under Adoption: it covers legal process and requirements.
5.Under Domestic Violence: it covers protection and remedies.
6.Under Property Settlement: it covers distribution of marital property.
7.Under Succession and Inheritance: it covers rights of spouses and children.
Law of Husband and Wife
1.Consortium: This talks about the right to companionship and support.
2.Maintenance: This talks about the duty to maintain each other.
3.Co-habitation: This talks about the obligation to live together.
Legal Effects of Marriage
1.Legitimacy of Children: This is where the children born within the marriage are legitimate.
2.Property Rights: This talks about joint or separate ownership of property.
3.Succession Rights: This is where spouses inherit from each other.
4.Tax Benefits: This talks about potential tax advantages.
Cohabitation
Cohabitation without formal marriage has limited legal recognition and cohabitants may have rights to property and maintenance under certain circumstances. See the case of Owonyin v Omotosho (1961) 1 All NLR 304 where the court discussed cohabitation and property rights of cohabiting partners.
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