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Re: Any Married Lady Who Never Had This Is As Good As Unmarried. - Family - Nairaland

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Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by Nobody: 6:01pm On Mar 30, 2016
This week, I came across a thread– "Any Married Lady Who Has Never Had This {Court Marriage} Is As Good As Unmarried" – where the OP stated very strongly that the only recognised form of marriage in Nigeria is the Court marriage. I, on the other hand, wish to disagree, and I will attempt stating the correct position, and make some general clarifications while at it.

Now, in Nigeria, there are three types of marriages legally and equally recognised as valid. They are:
1. Statutory marriage
This is what is known as 'Marriage under the Act' or 'Court Marriage'. The hallmark of this form of marriage is the issuance of the 'Marriage Certificate of the Federal Republic of Nigeria'.

I feel it is important that I delve into the 'church wedding' which about every Nigerian knows about. All things being equal, church wedding is in actual fact, Court Marriage. However, church wedding is only synonymous with Court Marriage where the church issues the Marriage Certificate of the Federal Republic of Nigeria to the couple, which is the same certificate those who wed in court (registry) are given. Where the church doesn't issue this, it cannot be equated with Court marriage. Just to be clear, only churches (and other worship centres) licensed by the government to conduct marriages are allowed to issue those certificates. Where a church does not issue the Marriage Certificate, unless the parties contract some valid form of marriage proper, or go to the registry to obtain the proper Marriage Certificate, they cannot be said to be legally married. If I may add, another instance where this Certificate will not be given in church, is where in addition to the 'wedding' there,the couple goes to court/registry to wed. In this instance, the court/registry will be doing the Issuing. This is what actually happens most times.

2. Customary Marriage
This is loosely termed 'traditional marriage'. We all know that usually, the litmus test of the existence of a customary marriages is the payment of bride price. As I have heard though, in some quarters, bride price is not always paid, or if paid, it is returned to the groom. That's to say, different cultures have their own modes of contracting customary marriages. Let's be assured though, that once you carry out a customary marriage as prescribed by your custom, you are legally married. We can then say that a person who has carried out all the rites and ceremonies required by a specific custom for contracting a customary marriage is just as married –excuse my expression– as one who has done the Court marriage.

3. Islamic Marriage
Also known as 'Akad Nikkah', this has been judicially recognised as a valid form of marriage in Nigeria. This means a Muslim who wants to get registered in the Life Institute of Marriage can perform the necessary Islamic marriage rites and get himself/herself a spouse. Needless to say, on carrying out such rites, for all intents and purposes, in both substance and form, such a marriage would be regarded as valid and legal in Nigeria.
#As a little addendum, some Scholars actually categorise Islamic marriage under customary marriage. Wherever one places it though, me thinks what matters is the fact that it is recognised.

There you go! I hope I have been able to convince you, and not confuse you, that as far as Nigeria is concerned, customary marriages , as well as Islamic marriages are recognised as valid and legal forms of marriage, just as their counter-part- Statutory/Court marriage. Thank you. wink

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by FlawlessRebirth2(f): 6:06pm On Mar 30, 2016
NA UNA KNOW



AS FAR THEM SAY"I PRONOUNCE YOU HUSBAND"

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by lovaleenny(f): 6:50pm On Mar 30, 2016
Here we go again undecided is it dt those women complained to u and toks coz me i no understand again o
Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by SAMBARRY: 8:33pm On Mar 31, 2016
grin

Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by hibee4uall(m): 9:48pm On Mar 31, 2016
@OP as you rightly said, it's wrong to say that Court marriage is the only valid and recognised marriage in Nigeria. As those others mentioned by you are also well established,valid and legally recognised. The difference however lies in the legality or otherwise of the polygamy under each form of those mentioned marriage institutions. Purposely, many ladies prefer court marriage to any other form of marriages because of its strictness about non-recognition of polygamy. Aside that,there is no other significant difference. So it's misleading and very wrong to conclude that anyone who didn't conduct Court marriage has not wedded. In the eyes of our Laws, all above mentioned institutions are valid and legally recognised.

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by TaiKuun(m): 8:37pm On Apr 30, 2016
How many people certificate don help?
Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by iamclime(m): 12:49am On Jul 18, 2016
Nice points there. ADDENDUM: For a customary (traditional marriage) to be legally recognized, three things must take place:
I. Payment of the bride price in full (bride price is actually the official amount stipulated by the government, not all those items/fees asked by the in-laws)

II. Acceptance of the bride price by the bride's parents/family

III. Handing over of the bride to the groom's family.

After these conditions have been met, the couple is deemed legally married. However, if the couple wishes to have documentation, they can proceed to the Local Government to obtain a Certificate of Registration of Marriage (Form C). Take note that this Form C is different from the Registrar's Certificate (also labeled Form C) which is issued to those applying to the Marriage Registry to perform a Statutory Marriage.

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by Acidosis(m): 11:16am On Jul 18, 2016
Nice piece

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by Houseofglam7(f): 11:36am On Jul 18, 2016
I'm getting married in Vegas; ain't got time for this epistle tongue
Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by seguno2: 11:27am On Aug 26, 2016
iamclime:
Nice points there. ADDENDUM: For a customary (traditional marriage) to be legally recognized, three things must take place:
I. Payment of the bride price in full (bride price is actually the official amount stipulated by the government, not all those items/fees asked by the in-laws)

II. Acceptance of the bride price by the bride's parents/family

III. Handing over of the bride to the groom's family.

After these conditions have been met, the couple is deemed legally married. However, if the couple wishes to have documentation, they can proceed to the Local Government to obtain a Certificate of Registration of Marriage (Form C). Take note that this Form C is different from the Registrar's Certificate (also labeled Form C) which is issued to those applying to the Marriage Registry to perform a Statutory Marriage.

What if the bride price was paid but returned and yet the bride is handed to the groom's family. Is there a traditional marriage?
Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by iamclime(m): 6:47pm On Sep 24, 2016
seguno2:


What if the bride price was paid but returned and yet the bride is handed to the groom's family. Is there a traditional marriage?
Yes, there is. Returning the bride price does not constitute rejection of same, neither does it invalidate the marriage. It is just a gesture by some families indicating that they are not "selling" their daughter. It is neither required nor expected.

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Re: Re: Any Married Lady Who Never Had This Is As Good As Unmarried. by Markachi666(m): 11:12am On Oct 04, 2016
I like this thread.

1 Like

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