- REGULATORY LAWS FOR STATUTORY MARRIAGE
- FORMAL VALIDITY OF STATUTORY MARRIAGE
- ESSENTIAL VALIDITY OF STATUTORY MARRIAGE
- THE LEGAL STATUS OF FOREIGN MARRIAGES IN NIGERIA
- LEGAL EFFECTS OF STATUTORY MARRIAGE
Regulatory Laws for Statutory Marriage in Nigeria
Statutory marriage in Nigeria is governed primarily by the Marriage Act, Cap M6, Laws of the Federation of Nigeria 2004. This Act outlines the legal framework for conducting, validating, and dissolving statutory marriages. See the case of Bronik Motors Ltd v Wema Bank Ltd (1983) 6 SC 158 where the court establishes the principle of adherence to statutory provisions for the validity of actions and the case of Ikpeazu v Ikpeazu (2016) LPELR-40852(CA) where the court affirms the necessity of following statutory procedures in marriage and its dissolution.
The Marriage Act (Cap M6, LFN 2004) lays down the procedures and requirements for statutory marriages. See sections 7-14 which outlines the preliminary requirements for marriage, including the issuance of a notice of marriage. Section 22 which specifies prohibited degrees of consanguinity and affinity and sections 30-33 which detailed the formalities for the celebration of marriage.
The Matrimonial Causes Act (Cap M7, LFN 2004) governs the dissolution of marriage and related matters. See section 3 which provides the grounds for the dissolution of marriage and sections 15-16 which outlines the conditions under which a marriage can be declared void or voidable.
Formal Validity of Statutory Marriage
Formal validity refers to the compliance with prescribed procedures and forms stipulated by law for the celebration of a statutory marriage. Key elements include:
1.Notice of Marriage: this is where a formal notice must be given to the Registrar of Marriages at least 21 days before the marriage. See section 7 of the Marriage Act.
2.Marriage License: this is where after the notice, a marriage license must be obtained. See sections 9-14 of the Marriage Act.
3.Marriage Ceremony: The ceremony must be conducted by a recognized officiant in a licensed place of worship or the office of the Registrar. See sections 30-31 of the Marriage Act.
4.Presence of Witnesses: The marriage must be witnessed by at least two persons under section 33 of the Marriage Act.
Essential Validity of Statutory Marriage
Essential validity refers to the substantive conditions that must be fulfilled for a marriage to be valid. These include:
1.Consent: this is where both parties must voluntarily consent to the marriage. See the case of Labinjo v Abake (1924) 5 NLR 33 where the court emphasizes the necessity of proper consent for a valid marriage.
2.Legal Capacity: this is where both parties must have the legal capacity to marry, which includes being of legal age (18 years and above, or having parental consent if under 21 years) and not being within the prohibited degrees of relationship. See section 22 of the Marriage Act. See the case of Adeseye v Taiwo (1956) 1 FSC 84 where the court highlights the requirement of legal capacity and single status
3.Single Status: this requires that neither party should be married to someone else at the time of the marriage.
The Legal Status of Foreign Marriages in Nigeria
Foreign marriages are recognized in Nigeria under certain conditions. See section 49 of the Marriage Act which provides that a marriage celebrated outside Nigeria shall be valid if it complies with the law of the place where the marriage was celebrated (lex loci celebrationis).
Requirements for Recognition
1.Compliance with Local Law: This requires that the marriage must comply with the local laws of the country where it was celebrated. See the case of Okoli v Okoli (2003) 8 NWLR (Pt. 823) 565 where the court recognized a foreign marriage that complied with the law of the place of celebration.
2.Capacity and Consent: This is where both parties must have the capacity to marry and must consent to the marriage.
3.Not Contrary to Public Policy: This requires that the marriage must not be contrary to Nigerian public policy.
Legal Effects of Statutory Marriage
Statutory marriage in Nigeria has several legal effects, including:
1.Monogamy: Statutory marriage imposes a requirement of monogamy. Any subsequent marriage by either party while the statutory marriage subsists is void. See section 33 of the Marriage Act.
2.Rights and Obligations: this is where both parties acquire mutual rights and obligations, including rights to consortium, maintenance, and inheritance. See the case of Oloko v Oloko (2013) LPELR-20461(CA) where the court clarified the mutual rights and obligations of spouses in a statutory marriage.
3.Joint Property Ownership: This is where there is a presumption of joint ownership of property acquired during the marriage, subject to proof to the contrary.
4.Custody of Children: this happens in the event of dissolution, the court determines custody of children based on the best interest of the child. See the case of Williams v Williams (2018) LPELR-44425(CA) where the court discussed the principles governing custody and maintenance in the event of marriage dissolution.
5.Maintenance and Alimony: This is where the court can make orders for maintenance and alimony for either party upon dissolution.
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