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The Difference Between Customary Law Marriage And Statutory Marriage. - Culture - Nairaland

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The Difference Between Customary Law Marriage And Statutory Marriage. by Yosifperfect(m): 12:28pm On Aug 10, 2014
Basically, it is good to be african in whatever you do, ranging from marriage, foods you eat, languages you speak etc. I was prompted to post this thread because of a thread I saw on the front page "is traditional marriage complete?" Yes, traditional marriage is complete if and only if you want to be polygamous or if you want your estate to shared according to your native laws and custom when you die intestate. However, if you want your marriage to be monogamous, and your property be shared according to English laws on your dead intestate, statutory marriage is the one to go by. Statutory marriage is basically a marriage under the Marriage Act. This could take place in the Registry(court marriage), or in any "licenced place of worship" by a registrar or by an ordained minister of a religion. When parties (marriage is a contract) contract a customary law marriage, and later a statutory marriage, the statutory marriage in effect suspends the customary law marriage pending the dissolution of the statutory marriage by any court of competent jurisdiction. There are many benefits of contracting a statutory marriage compared to customary law, for example, as earlier stated, when a man dies intestate under a customary law marriage, his native law and custom will govern the distribution of his estate. For instance, using igbo native law and custom, if a man who has no male child and dies intestate, his igbo custom will transfer his estates to his brother or any male in his paternal family, but if he contracted a statutory marrige, it is the English laws that will govern the distribution of his estates which is usually to his nuclear family only, not minding the absence of a male child.Note: I stand to be corrected, if anybody thinks I'm wrong.

16 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by myads890(m): 3:18pm On Aug 10, 2014
I totally agree. Especially when you use the igbo tradition as an analogy. Many women have been left without a dime to cater for themselves and their children after the deaths of their children simply because of some silly tradition that empowers the relatives, who never struggled with the man nor assisted him in aquiring his wealth, to take everything into custody.

The simple truth is if we must hold on to our tradition we must also be willing to improve on it, especially in certain aspects than go contrary to reason. Our youths today blindly follow the footsteps of our parents without asking questions. What exactly lead to certain beliefs? Was it from insightful research or just plain ignorance, greed or superstition?

The youths, WE, really need to question these ancient beliefs and culture set our own standards for how we want our kids and the future generation to live.

Ill leave with this story. A man once got married and discovered that anytime his wife cooks fish she chops off a large part of the head and also a large part of the tail off and cooks only the middle of the fish. He asked her, "my wife, why do you always cut off the head and the tail of the fish and cook only the middle?". She answered, "that's how my mother taught me to cook". So, he took his wife to see her mother. When they got there, he asked the mother, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said that you taught her to do that. I'd like to know why". The mother said, "my son, that's how my own mother taught me too".

In a quest to find out the answer, the man took his wife and her mother to the grandma's house. When they got there, he asked the grandma, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said she learn it from her mother and when we asked her mother she said she learnt it from you. Now mama, kindly explain why you taught your child to always cut the head and tail of the fish and cook only the middle".

The grandma replied, "my son, when I was very young, we had a very small pot and all the fish couldn't fit inside, just the middle, so we had to cut off the head and the tail in order to be able to cook".

Nigerian youths, WAKE UP!

51 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by yahrant140(m): 5:42am On Aug 11, 2014
I represent yoruba tradition and custom and I'm proud to be a yoruba man!

5 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by lonelydora: 5:43am On Aug 11, 2014
ok
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Osyxcel(m): 5:44am On Aug 11, 2014
OK.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by lonelydora: 5:50am On Aug 11, 2014
Nice one
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 5:52am On Aug 11, 2014
Nice one
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 5:55am On Aug 11, 2014
WHY should this be so? This is a very archaic practice. So what will happen to the widow and children?
Yosifperfect: . For instance, using igbo native law and custom, if a man who has no male child and dies intestate, his igbo custom will transfer his estates to his brother or any male in his paternal family, but if he contracted a statutory marrige, it is the English laws that will govern the distribution of his estates which is usually to his nuclear family only, not minding the absence of a male child.Note: I stand to be corrected, if anybody thinks I'm wrong.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by nymphomaniac(m): 5:58am On Aug 11, 2014
Statutory marriage doesn't take precedence over customary law in the area of wills...except for the ladies. A bini man for instance will still have his igiogbe given to his eldest surviving son even if he married statutorily or not. Section wills law 1837

2 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Excelboi(m): 5:59am On Aug 11, 2014
Got stuffs to write, will come back later in the day.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Adenugay(m): 6:02am On Aug 11, 2014
ok
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by hardbody: 6:09am On Aug 11, 2014
Op, you are dead right, but my question is, does customary marriage preclude the writing of wills and codicils? And given its ambulatory nature, does that manner of marriage nullify the death wish of the testator.

1 Like

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Penuelseun(m): 6:16am On Aug 11, 2014
I support statutory marriage
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Penuelseun(m): 6:16am On Aug 11, 2014
I believe that some native laws should be abolished coz why on God's own earth should the extended family of a man still fight over the property of their kinsman leaving his widow penniless. That is why I always canvas that women should not depend on men entirely

3 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by searay(m): 6:22am On Aug 11, 2014
...
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by tbagjames(m): 6:24am On Aug 11, 2014
myads890: I totally agree. Especially when you use the igbo tradition as an analogy. Many women have been left without a dime to cater for themselves and their children after the deaths of their children simply because of some silly tradition that empowers the relatives, who never struggled with the man nor assisted him in aquiring his wealth, to take everything into custody.

The simple truth is if we must hold on to our tradition we must also be willing to improve on it, especially in certain aspects than go contrary to reason. Our youths today blindly follow the footsteps of our parents without asking questions. What exactly lead to certain beliefs? Was it from insightful research or just plain ignorance, greed or superstition?

The youths, WE, really need to question these ancient beliefs and culture set our own standards for how we want our kids and the future generation to live.

Ill leave with this story. A man once got married and discovered that anytime his wife cooks fish she chops off a large part of the head and also a large part of the tail off and cooks only the middle of the fish. He asked her, "my wife, why do you always cut off the head and the tail of the fish and cook only the middle?". She answered, "that's how my mother taught me to cook". So, he took his wife to see her mother. When they got there, he asked the mother, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said that you taught her to do that. I'd like to know why". The mother said, "my son, that's how my own mother taught me too".

In a quest to find out the answer, the man took his wife and her mother to the grandma's house. When they got there, he asked the grandma, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said she learn it from her mother and when we asked her mother she said she learnt it from you. Now mama, kindly explain why you taught your child to always cut the head and tail of the fish and cook only the middle".

The grandma replied, "my son, when I was very young, we had a very small pot and all the fish couldn't fit inside, just the middle, so we had to cut off the head and the tail in order to be able to cook".

Nigerian youths, WAKE UP!
[b]
myads890: I totally agree. Especially when you use the igbo tradition as an analogy. Many women have been left without a dime to cater for themselves and their children after the deaths of their children simply because of some silly tradition that empowers the relatives, who never struggled with the man nor assisted him in aquiring his wealth, to take everything into custody.

The simple truth is if we must hold on to our tradition we must also be willing to improve on it, especially in certain aspects than go contrary to reason. Our youths today blindly follow the footsteps of our parents without asking questions. What exactly lead to certain beliefs? Was it from insightful research or just plain ignorance, greed or superstition?

The youths, WE, really need to question these ancient beliefs and culture set our own standards for how we want our kids and the future generation to live.

Ill leave with this story. A man once got married and discovered that anytime his wife cooks fish she chops off a large part of the head and also a large part of the tail off and cooks only the middle of the fish. He asked her, "my wife, why do you always cut off the head and the tail of the fish and cook only the middle?". She answered, "that's how my mother taught me to cook". So, he took his wife to see her mother. When they got there, he asked the mother, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said that you taught her to do that. I'd like to know why". The mother said, "my son, that's how my own mother taught me too".

In a quest to find out the answer, the man took his wife and her mother to the grandma's house. When they got there, he asked the grandma, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said she learn it from her mother and when we asked her mother she said she learnt it from you. Now mama, kindly explain why you taught your child to always cut the head and tail of the fish and cook only the middle".

The grandma replied, "my son, when I was very young, we had a very small pot and all the fish couldn't fit inside, just the middle, so we had to cut off the head and the tail in order to be able to cook".

Nigerian youths, WAKE UP!
[/b]
myads890: I totally agree. Especially when you use the igbo tradition as an analogy. Many women have been left without a dime to cater for themselves and their children after the deaths of their children simply because of some silly tradition that empowers the relatives, who never struggled with the man nor assisted him in aquiring his wealth, to take everything into custody.

The simple truth is if we must hold on to our tradition we must also be willing to improve on it, especially in certain aspects than go contrary to reason. Our youths today blindly follow the footsteps of our parents without asking questions. What exactly lead to certain beliefs? Was it from insightful research or just plain ignorance, greed or superstition?

The youths, WE, really need to question these ancient beliefs and culture set our own standards for how we want our kids and the future generation to live.

Ill leave with this story. A man once got married and discovered that anytime his wife cooks fish she chops off a large part of the head and also a large part of the tail off and cooks only the middle of the fish. He asked her, "my wife, why do you always cut off the head and the tail of the fish and cook only the middle?". She answered, "that's how my mother taught me to cook". So, he took his wife to see her mother. When they got there, he asked the mother, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said that you taught her to do that. I'd like to know why". The mother said, "my son, that's how my own mother taught me too".

In a quest to find out the answer, the man took his wife and her mother to the grandma's house. When they got there, he asked the grandma, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said she learn it from her mother and when we asked her mother she said she learnt it from you. Now mama, kindly explain why you taught your child to always cut the head and tail of the fish and cook only the middle".

The grandma replied, "my son, when I was very young, we had a very small pot and all the fish couldn't fit inside, just the middle, so we had to cut off the head and the tail in order to be able to cook".

Nigerian youths, WAKE UP!
no tradition is silly.

1 Like

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by sniperwolf(m): 6:40am On Aug 11, 2014
Is there anything like STATUTORY MARRIAGE?
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by dridowu: 6:40am On Aug 11, 2014
Ok
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Omexonomy: 6:48am On Aug 11, 2014
tbagjames: [b][/b]
no tradition is silly.
if them like let them do any kind of marriage in africa no child is a bastard whether the father wed the mother or not at the death of the man every properties are shared among all the wives and children.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Osyxcel(m): 6:48am On Aug 11, 2014
sniperwolf: Is there anything like STATUTORY MARRIAGE?

I wonder o
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Lordseyad(m): 6:49am On Aug 11, 2014
k
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by isaco(m): 6:53am On Aug 11, 2014
100% right? Without statutory marriage you are not officially or Legally regarded as husband and wife in some situations
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 7:00am On Aug 11, 2014
Beautiful. You reeled out the law as it is!
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 7:03am On Aug 11, 2014
nymphomaniac: Statutory marriage doesn't take precedence over customary law in the area of wills...except for the ladies. A bini man for instance will still have his igiogbe given to his eldest surviving son even if he married statutorily or not. Section wills law 1837



It actually takes precedence over both, it's just that as with many other general rules, this one has exceptions too, of which divesting of the igiogbe is one of them.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 7:04am On Aug 11, 2014
sniperwolf: Is there anything like STATUTORY MARRIAGE?


When ignorant about something, be humble enough to learn.

5 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 7:08am On Aug 11, 2014
SOME DIFFERENCES BETWEEN STATUTORY MARRIAGE AND CUSTOMARY MARRIAGE
1. NATURE: Statutory marriage is marriage under the Act while customary marriage is marriage under our various Native Laws and Customs.
2. 21 DAYS NOTICE: Statutory Marriage requires the intending couples to publish their intention to marry in the Marriage Registry for 21 days before the proposed marriage but there is no such requirement under customary marriage.
3. LICENCE BEFORE MARRIAGE: Under Statutory Marriage, the intending couples MUST obtain a licence from the Marriage Registry after the 21 days of publication of their intention to marry to enable them celebrate their marriage but there is no such requirement under the customary marriage.
4. NULLITY OF MARRIAGE: Under statutory Marriage, failure of the intending couple to give 21 days notice to the public of their intention to marry or failure to obtain a licence before celebrating the marriage nullifies such marriage. This is not so under Customary marriage
5. NOMENCLATURE: Statutory Marriage is usually called Court Marriage but Customary Marriage is called Traditional Marriage.
6. PROTECTION OF RIGHTS AND DUTIES: Under Statutory Marriage, the right and duties of the couples are protected by law but under Customary Marriage, they are not so protected.
7. PROHIBITION: Under the Statutory Marriage, none of the couple can marry another person while the marriage is subsisting but under Customary Marriage, the man can marry as many wives as he wants.
8. PLACE OF CELEBRATION: Statutory Marriage may be celebrated in the church or in the Marriage Registry but customary marriage is usually celebrated in the girl's village.
9. CONSENT: Under Statutory Marriage, the consent of the intending couple's parents are not compulsory especially if they (the intending couple) are both above 18 years but Customary marriage usually require the consents of both families and or parents.
10. DISSOLUTION: In Nigeria, Statutory Marriage can only be validly dissolved by the various state's High Courts but a Customary Marriage can be dissolve by either the man or the woman

19 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Nobody: 7:11am On Aug 11, 2014
@ Yosifperfect: nice writeup, please I have a question.... can statutory marriage be conducted in absentia? like the parents of the intending couples stand in for them.

1 Like

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by SIRJENTLE: 7:19am On Aug 11, 2014
thanks for giving room for corrections.
I do not argue that it does not happen but not all places in Igbo land.
I am a confirm Igbo man and it does not happen in my community as am writing this.
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by NosaForNSF(m): 7:25am On Aug 11, 2014
One point lesson...
Re: The Difference Between Customary Law Marriage And Statutory Marriage. by ababanwoke(m): 7:32am On Aug 11, 2014
myads890: I totally agree. Especially when you use the igbo tradition as an analogy. Many women have been left without a dime to cater for themselves and their children after the deaths of their children simply because of some silly tradition that empowers the relatives, who never struggled with the man nor assisted him in aquiring his wealth, to take everything into custody.

The simple truth is if we must hold on to our tradition we must also be willing to improve on it, especially in certain aspects than go contrary to reason. Our youths today blindly follow the footsteps of our parents without asking questions. What exactly lead to certain beliefs? Was it from insightful research or just plain ignorance, greed or superstition?

The youths, WE, really need to question these ancient beliefs and culture set our own standards for how we want our kids and the future generation to live.

Ill leave with this story. A man once got married and discovered that anytime his wife cooks fish she chops off a large part of the head and also a large part of the tail off and cooks only the middle of the fish. He asked her, "my wife, why do you always cut off the head and the tail of the fish and cook only the middle?". She answered, "that's how my mother taught me to cook". So, he took his wife to see her mother. When they got there, he asked the mother, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said that you taught her to do that. I'd like to know why". The mother said, "my son, that's how my own mother taught me too".

In a quest to find out the answer, the man took his wife and her mother to the grandma's house. When they got there, he asked the grandma, "mama, anytime my wife cooks fish, she cuts off the head and the tail and cooks only the middle. When I asked her, she said she learn it from her mother and when we asked her mother she said she learnt it from you. Now mama, kindly explain why you taught your child to always cut the head and tail of the fish and cook only the middle".

The grandma replied, "my son, when I was very young, we had a very small pot and all the fish couldn't fit inside, just the middle, so we had to cut off the head and the tail in order to be able to cook".

Nigerian youths, WAKE UP!
You watch a lot of nollywood,that's why you think those laws generally govern all igbo societies,do proper research before publishing any write up. For the person thanking God he/she is yoruba,when our people marry from your side,your law changes

3 Likes

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by Ekans: 7:39am On Aug 11, 2014
hardbody: Op, you are dead right, but my question is, does customary marriage preclude the writing of wills and codicils? And given its ambulatory nature, does that manner of marriage nullify the death wish of the testator.
. @Hardbody, break it down so that the layman can get your meaning.

1 Like

Re: The Difference Between Customary Law Marriage And Statutory Marriage. by mrking3(m): 8:04am On Aug 11, 2014
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