Is customary marriage Recognised in Nigeria?

Is customary marriage Recognised in Nigeria?

English marriage (also known as; statutory marriage, court marriage, white marriage and marriage under the Act) and traditional or Islamic marriages (also known as; customary marriage, native marriage, village marriage, “Igba Nukwu” in Igbo land, “Igbeyawo” in Yoruba land and “Aure” in Islamic law) are recognized legal …

Is traditional marriage a legal marriage in Nigeria?

In the Nigerian traditional and customary law system, marriage is not restricted to just a man and a woman rather a man and many wives and vice versa. Same couple (the same husband and wife) can marry each other under the traditional/customary law and subsequently marry each other under the law.

What is customary law marriage in Nigeria?

Customary Law marriage can be defined as the marriage contracted in accordance. with Native Law and Custom of a particular ethnic group. In Nigeria there is no.

Is customary marriage legal?

Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”). This means that the marriage must be entered into in line with the traditions and customs of the parties. The parties who are getting married must be 18 years or older.

What is the advantage of customary marriage?

Customary law allows the husband, by virtue of his matrimonial power, to dispose of assets, including land, on behalf of the family when property is held jointly. When a woman contracts into a customary marriage, the husband has the legal power to dispose of land on behalf of the family (17).

How do I prove my marriage is customary?

Requirements for a valid customary marriage

1. The prospective spouses must both be above the age of 18 years;
2. They must both consent to be married to each other under customary law; and.
3. The marriage must be negotiated and entered into or celebrated in accordance with customary law.

How can I register my customary marriage in Nigeria?

Required Documents[edit]

1. One (1) passport of each of the applicant.
2. Birth Certificate or Declaration of Age of both applicants.
3. Identification documents for both applicants.
4. Certificate or letter of identification from state of origin (Nigerians only)

What qualifies as a customary marriage?

Requirements for a valid customary marriage The prospective spouses must both be above the age of 18 years; They must both consent to be married to each other under customary law; and. The marriage must be negotiated and entered into or celebrated in accordance with customary law.

Can a customary marriage be dissolved in court?

The dissolution of a customary law marriage is not as stringent as that under the marriage Act. A customary law marriage can be dissolved without any judicial pronouncement or intervention.

What happens if a customary marriage is not registered?

In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.

Do customary marriages have to be registered?

Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

How does divorce work in customary marriage?

“It says a customary marriage may only be dissolved by a court by decree of divorce on a ground of irretrievable breakdown of the marriage,” Xulu said. This meant customary marriages should be dissolved in the same way as civil marriages, despite there being no need to register the former with Home Affairs.

What is customary law of marriage in Nigeria?

There are two kinds of marriages accepted under Nigerian law. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. The second kind is conducted under customary law and can be polygamous as well as monogamous.

How old do you have to be to get married in Nigeria?

The parties to a customary-law marriage must possess the capacity under that law to marry each other. Most systems of customary law in Nigeria do not prescribe any age for the solemnization of customary-law marriage.

Is there a registry for customary law marriage?

Since there is no official registry keeping track of all customary law marriages, the court can’t verify whether such a marriage exists, unless the couple can provide witnesses of the ceremony. If you are interested in celebrating a customary law marriage yourself, you’ll find all the necessary requirements listed below.

What happens if a marriage is not valid in Nigeria?

A person who has full knowledge that the marriage being contracted is one which is not valid but still goes ahead to contract it is liable to 5 years imprisonment. The Marriage Act also recognizes foreign marriages that are contracted outside of Nigeria.