Quick Answer: Is Customary Marriage Legal In Nigeria?

There are two kinds of marriages accepted under Nigerian law.

The second kind is conducted under customary law and can be polygamous as well as monogamous.

It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria..

What makes a customary marriage valid?

The marriage must be negotiated, entered into or celebrated in accordance with customary law. 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 punishment for bigamy in Nigeria?

imprisonmentKehinde Adegbite By law, bigamy, a by-product of polygamy, is a criminal offence punishable with imprisonment in Nigeria. It is an offence which arises from what is otherwise an incidence of marriage.

How can I register my customary marriage in Nigeria?

Required Documents[edit]One (1) passport of each of the applicant.Birth Certificate or Declaration of Age of both applicants.Identification documents for both applicants.Certificate or letter of identification from state of origin (Nigerians only)More items…•Dec 21, 2017

Can customary marriage be registered?

Traditional marriages will only be recognised as lawful if they have been registered. In line with this law, the marriage can be registered at any office of the Department of Home Affairs within a period of three months after the customary wedding took place. …

What is a customary marriage in Nigeria?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. In Nigeria this could involve the paying of bride price, giving of gifts, etc. Marriage under the Act is a marriage that has been performed in compliance with the Marriage Act.

What documents do you need to get married in Nigeria?

How A Foreigner Can Obtain a Marriage License In NigeriaBirth Certificate or Declaration of Age.Passport photograph.Indigene Letter/Letter of Identification from State of Origin (Nigerians only).Sworn affidavit of Bachelorhood/Spinsterhood from a law court/ Bachelorhood/Spinsterhood Certificate (If bachelor/Spinster).Affidavit of Marriage (If already married).More items…

What is the difference between customary and civil marriage?

There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

How do you end a customary marriage?

Section 8 is instructive in providing that a customary marriage is to be dissolved by a decree of divorce granted by a competent court. As of necessity, this provision means that a customary marriage is to be dissolved like a civil marriage and that the provisions of the Divorce Act 70 of 1979 will apply.

How much is marriage certificate in Nigeria?

Marriage is registered at a local public registry, which requires a Letter of Marriage Intention and payment of a fee of Naira 2,000. A person under 18 years of age, who wishes to register a marriage, is required to present a letter of consent from his or her parents.

How do you nullify customary marriage?

Dissolution of marriage in terms of the Act Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.

Can a man marry two wives legally in Nigeria?

Traditionally, Nigeria is a polygamous society; it is lawful for a man to have several wives at the same time provided he marries under customary law.

What are the three types of marriage in Nigeria?

Nigerian law envisages 3 types of marriages namely; Traditional/Customary marriage; Church/Islamic marriage and Statutory marriage.

What are the two major types of marriage?

In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected).

How can we stop customary marriage in Nigeria?

There is no special judicial procedure for dissolution of customary marriage. In general, there are no strict and standardized grounds for dissolution of a customary marriage, howbeit, an emphasis is placed on the fact that the marriage has failed.

Is adultery a crime in Nigeria?

Adultery is a criminal offence under the Penal Code of Northern Nigeria. Section 387 and 388 stipulate imprisonment for two years, and/or with a fine for adultery. It is not prosecuted under the Criminal Code of the Lagos State of Nigeria. … Adultery will only be a ground for divorce if the spouse finds it intolerable.

When must a customary marriage be registered?

within 3 monthsCustomary marriages must be registered within 3 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.

Is customary marriage the same as traditional marriage?

Customary marriage is, however, the type of marriage that is celebrated in accordance with the customs and traditions peculiar to the marrying couple and their families. … presentation and exchange of gifts between the families of the couples; and the celebration of a marriage ceremony.

Is an unregistered customary marriage valid?

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.

Where can I register my customary marriage?

Registering customary marriages 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 can I divorce my husband in Nigeria?

How to get a divorce in Nigeria – filing for divorceConsult a Lawyer. The first thing to do after deciding to get a divorce is to consult and brief a divorce lawyer about the divorce. … Ground for divorce. … The Two-year rule. … Divorce Process. … Filing a Petition. … Hearing of The Petition. … Judgment, Decree and Divorce Certificate.Oct 20, 2020