Marriage has always been an important aspect of every culture. In most of them, it is a union of a man and a woman. In other cultures, there’s a variation that involves more than one woman, or more than one man.
In some countries, the laws dictate how many persons are involved. If you’re planning to get married, and depending on what is allowed in your country or state, you may wonder which one to choose: statutory or customary marriage.
Before you begin your wedding preparation, or the processes that would lead to a marriage celebration, you need to know the difference between customary and statutory marriage.
What’s The Difference Between Customary and Statutory Marriage: 12 Major Differences
First off, what do these terms mean: statutory and customary?
Statutory Marriage
Simply put, statutory marriage is the same one people often call court marriage. It is also called registry marriage. If you live in Nigeria, you’d have seen photos of newly married couples standing in front of a signboard with the word REGISTRY boldly written on it. This type of marriage is conducted by the marriage registry. The conduct of it is guided by the Marriage Act—hence, it is called statutory.
Statutes refer to a body or collection of laws specially designed for a specific purpose. Two particular statutes are relied upon by the courts for statutory marriages, namely: the Marriage Act and the Matrimonial Causes Act. Technically the MCA is Marriage and it provides a guide in the course of matrimonial causes (maintenance, divorce, dissolution, separation, annulment, void)
It is not out of place for anyone considering marriage to get these two acts to get acquainted with the content. After all, you’d want to study before exams. Why not study one of the important instructions that govern marriage?
Most of the language of this statute is written in English we don’t use it every day so you might have difficulties understanding some of the instructions. You might have to speak with a lawyer who’s skilled in marriage matters for guidance.
Customary Marriage
A more popular name for this type of marriage is Traditional marriage. This type of marriage is performed following the customs or culture of the ethnic group of the man and woman. For example, the Yoruba custom allows a man to marry more than one wife. So if a woman insists on getting married according to the Yoruba custom, she ought to envisage a day when her husband walks in with a second wife, a third one and even more women.
Why is knowing the differences between Statutory and Customary marriages important?
Knowing the difference between the two types of marriage is as important as knowing the difference between gas and kerosene. Both fuels are valuable, having the same energy functions. No one ever fills a gas can up with kerosene now, do they?
In the same manner, a statutory marriage creates certain, distinct rights under the law that are missing in customary marriages, and vice versa. Now here are the differences between the two types of marriages below:
Statutory Marriage
This is incorrectly but popularly known as court marriage and it is different from customary marriage in the following ways:
- It is regulated by the Marriage Act. This Act specifies the requirements for marriage. These requirements include the consent of parents or guardians in the case of minors.
- A statutory marriage can not occur between kin or family members. They can’t be siblings, a parent, grandparent, aunts, uncles, cousins. Also, they can’t be related by marriage (affinity), for example, step-siblings, step-parents, or in-laws. The Act ensures that the couple about to enter a legally valid marriage are not closely related.
- A third difference is that marriage is performed in a registry or a licensed place of worship. Most folks in Nigeria choose the registry which is where you see photos of the signboard showing behind them. For example, the most popular one you see is the one in Ikoyi.
- A fourth difference is that, unlike customary or traditional marriage, statutory marriage requires a licence and registration. This means a required fee is paid to the government, and 2 passport photographs each are submitted to the agency in charge of registration. Also at least 21 days (for ordinary marriage) or 7 days (for special marriage) waiting period applies after the application is entered.
- Statutory marriage is governed by Nigerian law.
- A statutory marriage is recognized worldwide. This means if you and your spouse leave Nigeria for a different country, your union will be valid and recognized in the eyes of the laws of that country.
- Statutory marriage entails certain legal rights and responsibilities. And this is an important aspect of the distinction between this and a traditional marriage. These rights and obligations include the right to share property and assets, the right to inherit each other’s property, to make medical decisions for each other, and to claim spousal benefits—life insurance, pension, and so forth. It also comes with the right to seek legal action for conjugal rights, etc.
Before choosing to marry your spouse under the Marriage Act, make sure to speak to a marriage counsellor, or your lawyer to advise you on the rights and responsibilities open to you and your spouse. This information should form a part of your marriage preparation.
Customary Marriage
This type of marriage is also known as traditional marriage. It also includes Islamic marriage. It is different from statutory marriage in the following ways:
- This type of marriage is regulated by customary law and traditions. And as you know, traditions vary from one village to the other, and from one family to the other. That is, even in the same village, marriage customs may require certain rites that aren’t asked for just a stone’s throw from a particular household (agbo’le in Yoruba).
- Customary marriage does not require a registration like statutory marriage, or a licence.
- Customary marriage is governed by customary laws of the community the couples belong to, or community norms. This, like statutory marriage, can include parental consent. The High Court of East Central State of Nigeria held in Okpanum v. Okpanum that parental consent was necessary to constitute a valid customary marriage. So in this area, the two types of marriages share a similarity.
- Another difference is that customary marriage may not be recognized internationally. And the reason is obvious. For example, the local or community custom that governs marriage in Nigeria may not be recognized in a different country. Also, the custom may not be enforceable in areas outside the specific community where it is practised.
- Customary marriage entails certain cultural and social obligations. Cultural and social obligations are different from legal rights and responsibilities. While courts, as of necessity, enforce legal rights, they may not be able to enforce all forms of social obligations.
Nigeria is a country of multiple ethnic groups and customs. Practices and customs vary across different communities. Many who prefer customary marriage do so because of its cultural and social significance. Customary marriage ceremonies are usually very gorgeous and colourful.
On the other hand, those who prefer statutory marriage do so for legal recognition and protection. Women especially prefer the protection of a statutory marriage to the sometimes precarious nature of community customs which may not be favourable.
Another notable difference between the two types of marriage is that statutory marriage is strictly monogamous. This means it allows the union of only one man and one woman in a legally valid marriage.
Customary marriage on the other hand is polygamous. It allows for the union of more than one partner, under the custom of that community.
Double Decker Marriage
In Nigeria, many couples perform what is known as a double-decker marriage. This refers to a situation where the same man and woman are legally married under the Marriage Act (statutory marriage) and customary law. They’re married under native laws and the Act.
This type of marriage has almost all the trappings of a customary marriage and statutory marriage. In many cases, the couple first solemnised the customary marriage before heading on to registration at the court for a statutory marriage. Even you may have done this double-decker marriage without realising it. Isn’t this the same as bigamy, someone might ask? No, it is not.
Difference between a double-decker marriage and bigamy
Bigamy is a criminal offence in Nigeria. According to the Criminal Code Act, section 370: “Any person who, having a husband or wife living, marries in any case in which such marriage is void because of its taking place during the life of such husband or wife is guilty of a felony and is liable to imprisonment for seven years.”
The above law shows that it is bigamy if a person marries another man or woman while legally married under the Marriage Act to someone else. Also, note that this law does not apply to customary marriages.
Final thoughts
A double-decker marriage is not defined under Nigerian law. However, the distinctions made between statutory marriage and customary marriage here are all valid. As you prepare for marriage, take your time to understand the difference so you can make informed choices.
