Marriage is a legally or culturally recognized and acceptable union of persons as spouses, establishing the rights and obligations between them and their children.  Marriage can also be called matrimony or wedlock in a culturally or legally recognized union.

The most common form of marriage is that of a man and a woman to be joined as husband and wife. Understanding the different types of marriages and the legal frameworks that govern them is necessary for everyone married or who wishes to marry in Nigeria. 

This article provides key information and a comprehensive guide on Statutory Marriage in Nigeria. 

In some cultures, getting married is as simple as walking up to a religious cleric and asking to be wedded. 

In some other countries like Nigeria, the matter isn’t that simple. First, you have to decide between a statutory or customary marriage. 

In this article, we’ll be focusing on Nigerian statutory marriage and what it is. 

 

What is a statutory marriage?

Also known as marriage under the Act, it is the only type of marriage governed and regulated by the Marriage Act under the Laws of the Federal Republic of Nigeria. 

It is a monogamous form of marriage where one man can only be married to one woman at a time and vice versa. 

Most couples would rather opt for this form of marriage because of its unique benefit of protecting the couple and their children. It is also preferred because of the protection it affords in the matter of inheritance. But if you want to choose statutory marriage, what are the requirements to bear in mind? 

Legal Requirements for a Valid Statutory Marriage

As stated earlier, for a statutory marriage to be valid, it must comply with the provisions of the Marriage Act. You must meet the requirements shown below to have a valid statutory marriage:

Notice of Marriage: 

Following Section 7 of the Marriage Act, statutory marriage begins by obtaining a ‘Notice of Marriage’ from the Marriage Registry located in the state where the couple intends to marry. The Notice of Marriage shall be in Form A and must be filled and signed by the spouse making the notice. After this, the notice is submitted to the Registrar of Marriages at the Marriage Registry. 

After the prescribed fees are paid, the Registrar will enter the Notice in the ‘Marriage Notice Book’ and publish it by posting a copy on the outer door of the office and the Registry notice board. This notice will remain posted for 21 days to allow any public member to object by entering a Caveat against the issuance of the Registrar Certificate (Marriage Certificate). If no objections are raised within this period, the Registrar will issue the Registrar’s Certificate, allowing the couple to proceed with the marriage within 3 months. 

A caveat can be entered by writing the word ‘Forbidden’ opposite the entry of the Notice in the Marriage Notice Book. The entry must include the name and address of the person objecting and the grounds for it.

Where a valid caveat is entered, the Registrar shall not issue its certificate until the matter is heard and determined by a High Court of the state where the notice for marriage was submitted.

Where the Court determines that the Registrar certificate should be issued, the Registrar shall cancel the caveat and issue the marriage license.

Following section 12 of the Marriage Act, the marriage must be conducted within 3 months from the date of the notice of the marriage in any of the approved marriage venues –  the Marriage Registry, a licensed place of worship, or a licensed public place. Where the marriage is not conducted within the 3 months, the Notice along with all subsequent processes becomes invalid and the couple must begin again by entering a fresh notice before they can be legally married unless a waiver is obtained by way of a ‘Special License’ issued by the Minister of Interior, which automatically dispenses with the requirement of a notice of marriage and a marriage license from the Registry.

Marriage Venues:

Having obtained a Registrar Certificate, a couple can proceed to get married in any of the 3 prescribed marriage venues:

1. A licensed place of worship (church wedding):  section 18 of the Marriage Act provides that marriage can be conducted in a licensed place of worship before a Minister of the church denomination or body to which such place of worship belongs provided the marriage is celebrated with open doors between the hours of 8am – 6pm in the presence of 2 or more witnesses asides the officiating minister. After the celebration of marriage in a recognized place of worship where the clergy has been provided with a ‘Book of Marriage Certificates’ the clergy shall fill a Marriage Certificate in duplicate with the necessary information and shall sign along with the couple and 2 or more witnesses to the marriage. The clergy shall give one duplicate copy of the marriage certificate to the couple and before the expiration of 7 days send the other duplicate copy to the marriage registry where the Registrar shall file the copy in his office (section 26 Marriage Act).
2. Office of the Registrar of Marriage: following section 27 of the Marriage Act, marriages can be conducted in the Marriage Registry before a Registrar of Marriage with 2 witnesses and between the hours of 10am – 4pm.
3. Places licensed by the Minister of Interior: this option is only available to couples who have obtained a special license from the Minister to hold a marriage ceremony in a place other than a licensed place of worship and the marriage registry. The marriage can be conducted in a garden or hall or anywhere as stated in the special license. Such marriage must be conducted by a recognized Minister of the religious denomination or body or the Registrar of Marriages in compliance with sections 23 and 29 of the Marriage Act.

Factors Considered by the Registrar Before Issuing the Registrar’s Certificate

Under Section 11(1) of the Marriage Act, the Registrar must be satisfied by an affidavit of the following factors before issuing the certificate:

1. Residency Requirement: One of the parties must have been a resident within the district where the marriage is intended to be celebrated for at least fifteen days before the issuance of the certificate.
2. Age and Consent: Each party to the intended marriage must be at least twenty-one years old. If either party is under twenty-one, written consent from the parents or guardians must be obtained and attached to the affidavit.
3. No Impediments: There must be no impediments of kindred or affinity or any other lawful hindrance to the marriage.
4. No Existing Customary Marriage: Neither party to the intended statutory marriage should be married by customary law to anyone other than the person with whom the statutory marriage is proposed.

These requirements ensure that all legal and procedural conditions are met before the Registrar issues the certificate for a statutory marriage.

The Invalidity of Statutory Marriage in Nigeria

Section 33 of the Marriage Act states:

1. Invalidity Due to Existing Customary Marriage: A statutory marriage in Nigeria is invalid if either party is already married to someone else under customary law at the time of the statutory marriage.
2. Null and Void Marriages: A marriage is null and void if both parties knowingly and willfully agree to its celebration under the following conditions:
   • In a place other than a registrar’s office or a licensed venue.
   • Under false names.
   • Without a duly issued registrar’s certificate of notice or license.
   • By someone who is not a recognized minister of a religious denomination or a registrar of marriages.
3. Compliance with the Act: No marriage shall be deemed invalid after the celebration if it fails to comply with any other provisions of this Act.

The essence of these legal provisions is that a marriage will only become invalid if it fails to meet the specific conditions outlined above. Even if other requirements of the law are not fully met, the marriage will remain valid unless it violates the key stipulations.

Conclusion

Understanding the requirements and procedures for statutory marriage in Nigeria is crucial for anyone planning to marry under the Marriage Act. By following the legal requirements and adhering to the stipulated process, couples can ensure their marriage is legally recognized and protected. Whether you’re planning to marry in a registry or a licensed place of worship, this guide provides the essential information needed to navigate the statutory marriage process in Nigeria.