"HOW TO BE LEGALLY MARRIED IN NIGERIA"

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 209)
“Adultery Is Not An Offence In All States In Nigeria.”

Adultery is an offence only in the northern part of Nigeria. It is not an offence in the Western, Eastern and Southern parts of Nigeria. Hence, adultery as a crime in states in Northern Nigeria, it is punishable with 2 years imprisonment and or with an option of fine. In the other parts of Nigeria, no person can be charged to court for adultery.

My authorities are sections 387 and 388 of the Penal Code Act, 1960.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 183)
“Customary Marriages In Nigeria Are To Be Registered In Court.”

Aside English Marriages, a Customary/Traditional/Native Marriage conducted in any part of Nigeria, is expected to be registered at an Area Court or Customary Court within 60 days.

My authority is section 30 of the Birth, Death etc (Compulsory Registration) Act.

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 136)
“Start Point Of Valid English Marriage In Nigeria”

English Marriage, Statutory Marriage, White Marriage, Court Marriage or Morden Marriage all mean same thing. Above all such marriage MUST start from a Marriage Registry with a 21 days Public Notice for it to be VALID. There can never be a VALID English marriage without a visit to a Marriage Registry. Not every marriage conducted in a church/worship place is VALID.

My authority; section 7 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 134)
“Legality of Varying Cost of English Marriages Across Nigeria”.

Every religious organisation licensed to conduct marriages is allowed by law to charge its own fees. The growing cost of celebration of marriage is not unknown to law. It is right to pay clergy for weddings! See, section 38 Marriage Act.

My authority; section 38 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 87)
“THE RIGHT COURT FOR DIVORCE IN NIGERIA”

Divorce/dissolution of English Marriage can be sought in any State High Court in any state in Nigeria, so far as the spouse seeking such is domiciled in Nigeria. The state of origin or residence or employment of a spouse does not matter because Nigeria is a single jurisdiction in matrimonial cases.

See section 2 of Matrimonial Causes Act.

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A wilful, persistent and continued refusal to consummate marriage (have sex with spouse at least once after wedding) without a reason is a good ground to seek and obtain divorce in a court.

See sections 15 and 21 of the Matrimonial Causes Act.

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A Promise to Marry is an agreement. It is a legally binding contract among parties. It may be written, oral or even inferred from conducts of parties. Where any party breaches a promise to marry, such party can be sued for damages. Damages for loss of other suitors, money spent on love, wasted years, psychological and emotional trauma, etc.

See, Martins v. Adenugba(1946) 18 NLR 63.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 49)

Any marriage conducted outside Nigeria between a Nigerian and a Non-Nigerian before a Marriage Officer in his office is VALID in Nigeria.

See, section 49 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 48)

In custody of a child, no parent has a higher or better right over the other. Both parents are equal and can be granted custody, the sex of a child notwithstanding, unless a parent shows special reasons why the other should not be granted custody.

See, WILLIAMS V. WILLIAMS (1987) 2 NWLR (PT. 54) 66.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 47)

Where a spouse already married in via a Customary/Native/Traditional Marriage goes on without a divorce to marry another person via an English/Statutory/Court Marriage such new Marriage is invalid, Null and Void. It is also an offence punishable with 5 years imprisonment.

See, sections 33(1) and 46 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 39)

Happy valentines!

It is an offence for a couple already married in English/Statutory Marriage to later seek to re-marry themselves under Traditional/Native/Customary law. It is an offence punishable with 5 years imprisonment!
So couples that perform English wedding before payment of bride price and traditional weddings are earned!
Kindly see Section 47 of the Marriage Act.

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LearnNigerianLaws.Com in 2016 published and circulated for free over 10 law articles on WILLS, MARRIAGE, LAND, NBA STAMP, CONTRACT, TENANCY, BUSINESS, BOUNCED CHEQUE AND TRADEMARKS. They were written in simple English without law jargons, for easy understanding of none-lawyers. Below are links to 10 law articles as published on www.LearnNigerianLaws.com 

 Please read and be empowered!

Click on each article to read. Feel free to share!

 

  1.   HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA. (A legal guide on Probate Matters in Nigeria)  http://www.learnnigerianlaws.com/index.php/law-articles/family-law/21-how-to-recover-property-of-the-dead

  

  1.   HOW TO BE LEGALLY MARRIED IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/family-law/10-how-to-be-legally-married 

  

  1.   LEGALITY OF GOVERNMENT’S COMPULSORY ACQUISITION OF LAND AND PAYMENT OF COMPENSATIONhttp://www.learnnigerianlaws.com/index.php/law-articles/land-law/16-legality-of-government-s-compulsory-acquisition-of-land-and-payment-of-compensation

  

  1.   PROCEDURE AND REQUIREMENTS FOR OBTAINING NBA LAWYERS'STAMP, INSURANCE POLICY AND OTHERS. http://www.learnnigerianlaws.com/index.php/law-articles/law-in-practise/18-procedure-and-requirements-for-obtaining-nba-lawyers-stamp-insurance-policy-prepaid-cards-lawyers-verification-exercise

  

  1.   BOUNCED/DUD CHEQUE AND ITS LEGAL CONSEQUENCES IN NIGERIA- LearnNigerianLaws.com http://www.learnnigerianlaws.com/index.php/law-articles/criminal-law/8-bounced-or-dud-cheque-and-its-legal-consequence

  

  1.   RIGHTS OF A TENANT IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/24-rights-of-a-tenant

  

  1.    RIGHTS OF A LANDLORD IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/23-rights-of-a-landlord

  

  1. HOW TO REGISTER A BUSINESS NAME, A PARTNERSHIP ANDA COMPANY IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/11-how-to-register-a-business-a-partnership-and-a-company

  

  1. REGISTRATION OF TRADEMARKS IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/22-registration-of-trade-marks 

     

       10. HOW TO WRITE AGREEMENTS (CONTRACTS) - Learn Nigerian laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/25-how-to-write-agreements-contracts 

 

Join us every month as we publish for free, easy to understand law articles on areas that affect the ordinary man. Our publications are for the general public; none-lawyers and lawyers. It is our vision to enlighten all Nigerians on Nigerian laws to build a safer, more informed and accountable Nigeria. We wish you a fruitful new year; 2017.

Thank you.

 

Onyekachi Umah, Esq. ACIArb(UK)

Founder and Senior Contributor

LearnNigerianLaws.Com

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Courtship is not marriage neither is a loose partnership of opposite sex marriage. Living together and making of babies doesn’t connote marriage. Hear this, going to a church and being declared “man and woman” without an earlier strict observance of legal marriage requirements is no marriage in the eyes of law.

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