The Valid Procession of a Statutory Marriage in Nigeria

The Valid Procession of a Statutory Marriage in Nigeria

Introduction

Marriage is a recognized union between individuals that carries with it legal, social, and moral obligations. In Nigeria, there are three types of legally recognized marriages: customary, Islamic, and statutory marriage. Of these, statutory marriage—often referred to as court marriage—is governed by the Marriage Act, Cap M6, Laws of the Federation of Nigeria 2004. This form of marriage is monogamous and offers the highest form of legal protection among all types of marriage in the country.

This article explores in detail the valid procession of a statutory marriage in Nigeria, including legal requirements, steps involved, rights and obligations of the parties, and the implications of non-compliance. It serves as a comprehensive guide for intending couples, legal professionals, and stakeholders in the matrimonial process.

What is a Statutory Marriage?

Statutory marriage is a legally binding union between one man and one woman, to the exclusion of all others, entered into in compliance with the provisions of the Marriage Act. Unlike customary or Islamic marriages, statutory marriages are recognized as monogamous, and any attempt to contract another marriage while one is still subsisting is deemed bigamy, a criminal offense under Nigerian law.

Legal Framework Governing Statutory Marriages in Nigeria

The key legislation governing statutory marriage includes:

• The Marriage Act, Cap M6, LFN 2004

• The Matrimonial Causes Act, Cap M7, LFN 2004

• The Constitution of the Federal Republic of Nigeria, 1999 (as amended)

The Ministry of Interior and designated marriage registries across the country oversee statutory marriages.

Preconditions and Eligibility

To validly contract a statutory marriage in Nigeria, the parties must meet the following conditions:

• Be at least 18 years of age (though marriage below 21 requires parental consent)

• Be of sound mind

• Not be in a subsisting statutory marriage with another person

• Not be related by blood within prohibited degrees of consanguinity

• Have freely consented to the marriage

Step-by-Step Procession of a Statutory Marriage in Nigeria

1. Notice of Marriage

The first step is to file a Notice of Marriage at the marriage registry where the marriage is to take place. This notice is done by filling and signing Form A (Notice of Marriage Form), which includes personal details of both parties.

2. Display of Notice

After the notice is submitted, the registry displays it publicly for a statutory period of 21 days on the notice board. This waiting period allows for any objections to be raised by interested parties.

3. Swearing of an Affidavit

After the 21-day waiting period, the couple will swear an affidavit confirming the authenticity of their declarations, that there are no legal impediments to the marriage, and that they consent freely.

4. Payment of Prescribed Fees

The couple is required to pay prescribed fees, including:

• Filing and notice fee

• Marriage certificate fee

• Optional venue charges (if not marrying in the registry hall)

5. Issuance of Registrar’s Certificate

Upon expiration of the notice period and in the absence of objections, the Registrar issues a Registrar’s Certificate which permits the marriage to be celebrated within 3 months from the date of notice.

6. Solemnization of Marriage

The marriage can be celebrated:

• At the marriage registry

• In a licensed place of worship (e.g., a church authorized by the Ministry of Interior)

• By a recognized marriage officer

Where solemnized in a licensed place of worship, it must be between 8 a.m. and 6 p.m., in the presence of at least two witnesses, and with open doors.

7. Issuance of Marriage Certificate

Immediately after the ceremony, the couple and the witnesses sign the Marriage Certificate, which is then recorded in the registry’s official Marriage Register. The couple receives an official copy of the certificate.

Key Legal Effects of a Statutory Marriage

• Establishes legal spousal rights and duties

• Confers inheritance and next-of-kin rights

• Protects parties from third-party interference

• Offers legal protection in case of divorce or separation

• Inhibits polygamous relationships (under the Marriage Act)

Differences Between Statutory and Customary Marriages

Grounds for Nullity of Statutory Marriage

A statutory marriage can be declared null and void if:

• One party is already married under statutory law

• There is lack of consent

• Either party is underage without parental consent

• Marriage is within prohibited degrees of relationship

• Ceremony did not comply with the Marriage Act

Grounds for Dissolution (Divorce)

Under the Matrimonial Causes Act, statutory marriage can be dissolved on grounds such as:

• Adultery

• Irreconcilable differences

• Desertion

• Cruelty

• Inability to consummate the marriage

Implications of Non-Compliance

Non-compliance with statutory marriage procedures may lead to:

• Invalid or voidable marriage

• No legal protection for the spouse

• Inadmissibility of marriage certificate in court

• Criminal liability for bigamy

Benefits of Conducting a Statutory Marriage

• Recognition of union by law

• Access to joint legal rights (e.g., inheritance, insurance, visa sponsorship)

• Enforceable spousal obligations

• Strong legal backing during divorce or separation

• National and international recognition of marital status

Tips for a Successful Statutory Marriage Procession

• Start the process early to avoid delays

• Obtain valid identification and documents

• Use only government-authorized registries and licensed venues

• Engage a family lawyer for legal guidance

• Avoid simultaneous traditional/statutory ceremonies to prevent conflicts

Required Documents

• Valid ID card (NIN, Passport, Voter’s Card, or Driver’s License)

• Passport photographs

• Birth certificates or age declarations

• Affidavit of bachelorhood/spinsterhood

• Parental consent (if under 21)

• Proof of termination of previous marriage (where applicable)

Myths and Misconceptions

• “Court marriage is expensive”: It is affordable compared to the costs of traditional marriage.

• “Only churches conduct statutory marriages”: Only licensed places of worship can conduct valid statutory marriages.

• “Once you’ve done traditional marriage, you don’t need statutory”: Traditional marriage is not recognized as statutory unless formalized.

Conclusion

The valid procession of a statutory marriage in Nigeria is structured, legally binding, and protective of the rights of both spouses. It offers an enforceable framework for monogamous marital relationships and provides safeguards for inheritance, separation, and spousal benefits. Understanding and following the correct procedures ensures not just legality but peace of mind, legal protection, and social recognition.

For couples looking to secure their marriage under Nigerian law, statutory marriage remains the most legally defensible route.

Call to Action

Are you planning to solemnize your marriage legally? Do you need help with the documentation, procedure, or legal counsel on marriage rights?

Let Chaman Law Firm assist you every step of the way—from filing your notice of marriage to obtaining your certificate and securing your legal future as a couple.

📞Phone:  08065553671, 08096888818

✉ Email: chamanlawfirm@gmail.com

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