Marriage Annulment in Nigeria – How to Legally Void a Marriage

Marriage Annulment in Nigeria – How to Legally Void a Marriage

Introduction

Marriage is a legally and socially binding institution that carries profound personal, legal, and spiritual significance. In Nigeria, like many other countries, a marriage can end in different ways: through divorce, death, or annulment. While divorce is a common and well-understood method of ending a marriage, annulment is less common and often misunderstood. Unlike divorce, which dissolves a valid marriage, annulment declares that the marriage was invalid from the beginning and therefore null and void.

This comprehensive article explores the concept of marriage annulment in Nigeria. It details the legal basis, the grounds for annulment, the procedure involved, the implications of annulment, and practical advice for affected parties. Whether you’re a lawyer, intending spouse, married individual, or just curious about family law, this guide will give you a thorough understanding of how to legally void a marriage in Nigeria.

Legal Framework Governing Marriage and Annulment in Nigeria

Marriage in Nigeria is governed by three main systems of law:

1. Statutory Marriage (Marriage Act, Cap M6, LFN 2004)

2. Customary Marriage (governed by the customs and traditions of the people)

3. Islamic Marriage (governed by Sharia Law, applicable in the northern states)

For annulment, our focus is on statutory marriages as provided under the Matrimonial Causes Act (MCA), Cap M7, LFN 2004, which is the principal legislation regulating annulment proceedings in Nigeria.

What is Marriage Annulment?

Marriage annulment is a legal declaration by a competent court that a marriage is null and void and has no legal effect from the outset. It is as though the marriage never existed in the eyes of the law. It differs from divorce, which acknowledges the existence of a valid marriage that has broken down irretrievably.

Annulment is not automatic; it must be granted by a High Court through legal proceedings.

Types of Annulment in Nigeria

There are two major types of annulment recognized under the Matrimonial Causes Act:

1. Void Marriages – These are marriages that were never valid from inception.

2. Voidable Marriages – These are marriages that are valid until annulled by a court.

Grounds for a Void Marriage (Section 3, Matrimonial Causes Act)

A marriage is considered void if:

• Either party was already lawfully married to someone else at the time of marriage (bigamy).

• The parties are within prohibited degrees of consanguinity (i.e., close blood relatives).

• The marriage was not celebrated in accordance with statutory requirements.

• One of the parties is not of marriageable age (under 18) without valid parental consent.

• The parties did not voluntarily consent (due to duress, fraud, or mistake).

Grounds for a Voidable Marriage (Section 5, Matrimonial Causes Act)

A marriage is voidable if:

• Either party was incapable of consummating the marriage.

• Either party was of unsound mind or mentally defective.

• The respondent was pregnant by another man at the time of the marriage and did not disclose this.

• Either party had a sexually transmitted disease at the time of marriage and failed to disclose it.

Legal Consequences of a Void vs. Voidable Marriage

How to File for Annulment in Nigeria – The Procedure

1. Consult a Family Lawyer Begin by consulting a qualified lawyer with expertise in matrimonial causes. This ensures that your petition is properly grounded and filed in accordance with the law.

2. File a Petition at the High Court The appropriate court is the High Court of the state where either of the spouses resides.

3. Draft and Submit a Petition Your lawyer will prepare a petition for nullity of marriage, stating the grounds and facts supporting your case.

4. Serve the Respondent The respondent (the other spouse) must be formally served with court documents.

5. Court Hearing The case will be heard before a judge. Both parties can present evidence and call witnesses. In some cases, the court may require expert testimony (e.g., medical or psychological reports).

6. Judgment If the court is satisfied with the grounds, it will issue a decree of nullity.

7. Decree Nisi and Decree Absolute As in divorce cases, the court will issue a Decree Nisi (a provisional order), which becomes Decree Absolute (final and binding) after three months.

Important Legal Considerations

• Time Limitations: Petitions must be filed within a reasonable time of discovering the defect.

• Condonation and Delay: If a spouse discovers a defect but continues to live with the partner, the court may view this as condoning the defect.

• No Collusion Rule: Parties cannot conspire to obtain an annulment by deception.

Effects of an Annulment

• The marriage is considered never to have existed.

• Each party is free to remarry.

• Property and financial arrangements must be resolved.

• The children remain legitimate under the law.

Children of Annulled Marriages

The Matrimonial Causes Act provides that children born in an annulled marriage are legitimate. Section 69 defines a “child of the marriage” to include:

• Any child born before or during the marriage

• Any child legally adopted by both parties

Therefore, an annulment does not affect the child’s legal rights.

Common Examples of Cases Leading to Annulment in Nigeria

1. A woman who was coerced into marrying under duress

2. A man who discovers his spouse is already married to someone else

3. One spouse suffers from undisclosed infertility or mental disorder

4. A spouse lies about being a virgin but is found pregnant

5. A marriage conducted without proper legal documentation

Annulment vs. Divorce: Key Differences

Customary and Islamic Marriage Annulment

Customary marriages can also be annulled under traditional laws, though the process is informal and community based. Common reasons include:

• Infertility

• Deceit

• Infidelity

• Impotence

Islamic marriages can be annulled under Sharia law through processes such as Faskh (judicial annulment), Talaq (husband’s divorce), or Khula (divorce initiated by the wife).

Financial and Property Implications of Annulment

• The court may grant orders for maintenance, property settlement, or custody of children.

• Property jointly acquired may be equitably divided.

• Spouses may be awarded compensation where fraud or deception is proven.

Real-Life Challenges in Annulment Proceedings

• Difficulty in proving grounds (e.g., fraud, coercion)

• Social stigma and family pressure

• Cost of litigation

• Delay in court proceedings

How to Protect Yourself Before Marriage

• Insist on pre-marital counseling

• Conduct thorough background checks

• Have a court marriage with full legal documentation

• Avoid secret or undocumented marriages

Conclusion

Annulment is a powerful legal tool available to individuals who entered into marriages that were fundamentally flawed or unlawful from the beginning. While less common than divorce, it is a vital option for those whose marriages fall within the grounds set out in the Matrimonial Causes Act.

Understanding the annulment process in Nigeria requires a careful examination of the law, experienced legal representation, and courage to seek redress. Whether you are considering an annulment or advising someone who is, legal clarity and timely action are essential.

Call to Action

Are you unsure if your marriage is legally valid? Have you discovered shocking facts that make you question your union?

Let Chaman Law Firm assess your case and guide you through annulment proceedings with compassion, discretion, and legal precision.

📞Phone:  08065553671, 08096888818

✉ Email: chamanlawfirm@gmail.com

📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria

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