MARRIAGE

Marriage is one of the universal social institutions established to control and regulate the life of
mankind.It is closely associated with the institution of family.Infact both the institutions are
complementary to each other.It is an institution with different implication in different cultures.

As an institution, marriage is designed to satisfy the biological needs especially the sexual needs of the
individual in a legal, customary, culturally defined and socially approved.

TYPES OF MARRIAGE

There are different types of marriage recognized under the Nigeria law.The most popular one is a court
marriage in Nigeria.

Essentially,it can be said there are four major types of marriage that can be conducted in Nigeria.These
include the statutory marriage, customary marriage, church marriage and Islamic marriage.

STATUTORY MARRIAGE

A statutory marriage also called the registry marriage in Nigeria is actually a voluntary union for life of
one male and one female to the exclusion of all others in line with statutes.Put simply,a statutory
marriage in Nigeria is monogamous marriage.Examples include marriage done at the Court Registry and
marriage done in a licensed place of worship (church marriage).

The principal legislation regulating statutory marriage in Nigeria are:

1. The Marriage Act.

2. Matrimonial Causes Act Cap M7,Laws of the Federation of Nigeria,2004.

3. Matrimonial Causes Rules made pursuant to the Matrimonial Cause Act.

Statutory marriage is also known as "marriage under the Acts".

Marriage under the Act is a marriage that has been performed in compliance with the Marriage Act.The
first step to make a marriage in compliance with the Act is to give notice of the impending marriage to
the Registrar of Marriage in the local government where the marriage will be conducted.

The notice of marriage is given by the intending couple filling and signing a form after payment of a
prescribed fee in the office of the Registrar.The registrar of marriage would then cause the notice to be
published on the outer door of his office and the notice board of the local government area.The notice
must be published for at least 21 days and during that period anyone who has an objection to the
marriage is free to make an objection by registering this objection with the registrar, and after the
expiration of 21 days from the day of publication of notice,the registrar will issue a "Registrar
certificate"to the intending couple.The Registrar's certificate is a proof that notice of the marriage has
been given and with no objections, and the intending couple are free to solemnise the marriage.
The marriage can then be solemnised at a registered place of worship (church/mosque)or the office of
the Registrar.If the marriage is solemnised in a licensed place of worship,it must be done under the
supervision of registered clergy of the religious body(church/mosque).Not all churches/mosque are
licensed places for celebration of marriages.

This must be done within 3 months of the issuance of the certificate by the Registrar, and if the marriage
is not celebrated within that 3 month period all notices and certificate will become void and the entire
process must be started afresh.

The final step is the signing of the marriage certificate.This must be done by the couple and be
witnessed by 2 people and the officiant (the person conducting the marriage ceremony).

The duplicate must be sent to the Registrar of Marriages within seven days after the celebration of
marriage.The Registrar of marriage upon receiving such certificate files it.Once all steps are followed,it is
a valid marriage under the Act.

CUSTOMARY/TRADITIONAL MARRIAGE

Statutory marriage is actually different from customary marriage.Customary marriage is actually a union
of a male and a female under customary law.It also involves two families.

Nigeria has numerous types of customary marriages,as different as the country's numerous cultures.

The core features of customary marriage include:

1. Parental consent.

2. Consent of the parties to the marriage.

3. Age.

4. Bride price or perhaps dowry.

5. Prohibited degrees of consanguinity.

6. Capacity and affinity to marry under customary law.

Consent (parental and spouse) is vital to the legality of a customary marriage.Parental consent is found
in the universally accepted principle that a customary marriage also involves the union of two families.

The money and or gift given to parents and family members of the bride in customary marriage has
been generally referred to as "Dowry" or "Bride price". According to Sagay:"Dowry is a specific fee paid
at a specific moment during the marriage ceremony.It is paid to the girl's family and not to the girl
herself.Dowry is refundable at the end of the marriage.It is not on record in Nigeria that under
customary marriage,the bride gives property or money to her husband.

REFERENCES
Boporal Harinder"The Customary and Statutory law of Marriage in Nigeria.Journal of comparative
International law(1982):530-557

Nwogugu,E.I Family law in Nigeria.Ibadan:Claverianum Press,1996.

Onokah, Margaret C.Family Law.Ibadan: Spectrum Books Limited,2003.

Sagay,Itse, Nigerian Family law Principles,Causes,Statutes-Commentaries.Ikeja:Malthouse Press

Limited,1999.