Marriage Acts - Federation of Nigeria Laws

admin · Marriage Acts - Federation of Nigeria Laws

Marriage Acts - Federation of Nigeria Laws

There are three bodies of law:

A. Common Law marriage
B. Moslem marriage
C. Customary law marriage

A. COMMON LAW

Three relevant bodies of common law exist regarding Marriage in Nigeria http://www.nigeria-law.org/LFN-1990.htm

1. Marriage Act -

http://www.nigeria-law.org/Marriage%20Act.htm

2. Marriages (Validation) Act -

http://www.nigeria-law.org/Marriages%20(Validation)%20Act.htm

3. Matrimonial Causes Act -

http://www.nigeria-law.org/Matrimonial%20Causes%20Act.htm

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http://www.nigeria-law.org/Marriage%20Act.htm

Invalid Marriages

33. (1) No marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married under customary law to any person other than the person with whom such marriage is had.

(2) A marriage shall be null and void if both parties knowingly and willfully acquiesce in its celebration

(a) in any place other than the office of a registrar of marriages or a licensed place of worship (except where authorised by the licence issued under section 13 of this Act). or

(b) under a false name or names; or

(c) without a registrar's certificate of notice or licence issued under section 13 of this Act duly issued. or

(d) by a person not being a recognised minister of some religious denomination or body or a registrar of marriages.

(3) But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Act other than the foregoing has not been complied with.

Offences and Penalties

39. Whoever, being unmarried, goes through the ceremony of marriage under this Act with a person whom he or she knows to be married to another person, shall be liable to imprisonment for five years.

40. Whoever in any affidavit, declaration, certificate, licence, document, or statement by law to be made or issued for the purposes of a marriage, declares, enters, certifies or marriage, states any material matter which is false, shall, if he does so without having taken reasonable means to ascertain the truth or falsity of such matter, be liable to imprisonment for one year, or shall, if he does so knowing that such matter is false, be liable to imprisonment for five years.

41. Whoever endeavours to prevent a marriage by pretence that his consent thereto is required by law, or that any person whose consent is so required does not consent, or that there is any legal impediment to the performing of such marriage, shall, if he does so knowing that such pretence is false or without having reason to believe that it is true, be liable to imprisonment for two years.

42. Whoever performs or witnesses as a marriage officer the ceremony of marriage, knowing that he is not duly qualified so to do, or that any of the matters required by law for ceremony. the validity of such marriage has not happened or been performed, so that the marriage is void or unlawful on any ground, shall be liable to imprisonment for five years.

43. Whoever, being under a duty to fill up the certificate of a marriage celebrated by him, or the counterfoil thereof, or to transmit the same to the registrar of marriages, wilfully fails to perform such duty, shall be liable to imprisonment for two years.

44. Whoever personates any other person in marriage, or marries under a false name or description, with intent to deceive the other party to the marriage, shall be liable to imprisonment for five years.

45. Whoever goes through the ceremony of marriage, or any ceremony which he or she represents to be a ceremony of marriage, knowing that the marriage is void on any ground, and that the other person believes it to be valid, shall be liable to imprisonment for five years.

46. Whoever contracts a marriage under the provisions of this Act, or any modification or re-enactment thereof, being at the time married in accordance with customary law to any person other than the person with whom such marriage is contracted, shall be liable to imprisonment for five years.

47. Whoever, having contracted marriage under this Act, or any modification or re-enactment thereof, or under any enactment repealed by this Act, during the continuance of such marriage contracts a marriage in accordance with customary law, shall be liable to imprisonment for five years.

48. Whoever, knowing that the written consent required by this Act has not been obtained, shall marry or assist or procure any other person to marry a minor under the age of twenty-one years, not being a widow or widower, shall be liable to imprisonment for two years.

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http://www.nigeria-law.org/Marriages%20(Validation)%20Act.htm

5. Nothing in this Act shall-

(a) apply to any moslem marriage or customary law marriage;

(b) render valid any marriage if before the coming into operation of this Act-

(i) the marriage has been declared invalid by any court of competent jurisdiction, or

(ii) either of the parties to the marriage has during the life of the other, lawfully married any other per-son; or

(c) affect any right dependent before the coming into operation of this Act on the validity of the marriage.

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