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All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. - Family (2) - Nairaland

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Ikenna17(m): 11:58am On Apr 13, 2017
The hustle for green card is strong, awon boys are hustling @last pic grin grin

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by lordcornel(m): 11:59am On Apr 13, 2017
Powerful. Learnt alot. Thanks op

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 12:03pm On Apr 13, 2017
very thoughtful of the op, thanks for this wonderful thread

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by veragistonline(f): 12:05pm On Apr 13, 2017
You can read more post by Enwongo Cleopas here>> http://veragist.com/enwongos-point-of-view
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by veragistonline(f): 12:06pm On Apr 13, 2017
Ikenna17:
The hustle for green card is strong, awon boys are hustling @last pic grin grin


hehehe... lol
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by tukdi: 12:07pm On Apr 13, 2017
Ewongo Cleopas I sight you! wink

You're making us proud! cool
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Mathemagician1(m): 12:14pm On Apr 13, 2017
Thank you veragistonline for this beautiful post. I will like for you to share some more and I have some questions too.

If I live in USA and I return to marry a Nigerian wife under Nigerian marriage laws and we both move back to USA. Will I be required to conform to US laws which gives my wife legal rights to a certain percentage of my property in case of a divorce? 

Will American law supersede Nigerian law if the divorce is filed in US court or will the court reject it?

Do I have any stand at all if we don't have a prenuptial agreement? Please enlighten me.

Your help in this regard will be hightly appreciated. Thanks in advance.‎

6 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by veragistonline(f): 12:16pm On Apr 13, 2017
tukdi:
Ewongo Cleopas I sight you! wink


You're making us proud! cool

She really is. You can read more post by her here>> http://veragist.com/category/enwongos-point-of-view/
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by businesstimes: 12:16pm On Apr 13, 2017
You are not ready for marriage

A single lady who was down and out on her luck went to a fortune teller, hoping to find a reason to continue living. The fortune teller found something positive in her future and told the single lady, ‘You will be proposed to 3 times in the next 6 months.’ She said, ‘No, it will only happen once.’ When asked why, she said ‘Cos I’ll accept the very first proposal and there’d be no need for the other two!’

I found this an interesting story because many people have gotten to a point when they have had to say this especially due to pressure from family and society.

I attended a couple of weddings lately. As in eh, ladies, we really know how to have fun with ourselves. Underneath the facade of just looking good in their bridesmaid dresses and asoebis was the age-long scheme of all womankind. I noticed the coy looks under the smoky eyelashes. Was it the flirtatious giggles or the fake British accents in singsong voices? Everybody had something planned to catch new suitors. Yes, it was all about the new catches. It was all about being the next in line.

One of the new acquaintances I made asked me a question. He may have been at loss on how to make meaningful conversation but I found his question quite interesting. He asked me what age I feel a lady should be ready to get married. My first response was a long grin which I’m sure made him feel embarrassed. Then I laughed out loud and asked him, ‘ready or ripe?’ He was just as perplexed as you are now. I went ahead to remind him that his question applied to both sexes. That inspired this post. The question is, are you ripe or ready for marriage?

Think about it this way…

Do you have a life-sized chip on your shoulders, always thinking that your opinion is the best and your decision ought to be final. Are u more likely to throw a tantrum once someone disagrees with you? Then you are ripe, not ready for marriage.

Do you always need someone to make decisions for you and somehow you have come to believe that your future depends on someone else? Then you are ripe, not ready for marriage.

Do you need someone who will meet all your financial needs? Then you are ripe not ready for marriage

Are you more excited about the wedding than the marriage? Sure the beautiful ring, white gown and cake are alluring but when the dress comes off and all the well wishers are gone then starts the real thing. If you’ve not spent time thinking about that part then you’re ripe, not ready for marriage.

If you’re doing it just because all your friends are getting married too then I guess I don’t need to tell you that you’re ripe, not ready for marriage.

If you’re not ready to put someone’s needs first before yours then you’re definitely ripe, not ready for marriage.

Suddenly it doesn’t matter anymore what he does for a living, whether you love him or whether he really loves you…lady, you’re ripe, not ready for marriage.

Are you thinking about your family and what they are likely to benefit from your marriage? Then you’re ripe, not ready for marriage.

Are you more concerned about appending the ‘Mrs’ to your name than the character of the ‘Mr’? Then you are ripe, not ready for marriage.

Have you started overlooking that character flaw that causes you to have a nagging feeling in your mind? You may just be ripe, not ready for marriage.

Marriage requires mental maturity and not just physical maturity (I’m not encouraging #child marriage by the way). Mental maturity requires the ability to make decisions after considering important factors and to stand by your decisions. Think about it!

www.femmetotale.com.ng

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by lrdval: 12:17pm On Apr 13, 2017
from what i can understand here, court marriage never overrides church marriage, once the church is registered. dont mind my vocabs...my question is, "what is there are two different law in both court marriage and in church marriage, which one should be attended to? for example when an issue of divorce comes up, and you weeded in a registered church and also in a registry marriage, the church says nothing like divorce until death do us apart, and court says, divorce if you cant go on, so here, which one should override each other
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by ishua(m): 12:18pm On Apr 13, 2017
.That last picture, I feel for the guy. Survival instinct. The second to the last picture - the lady make sense die
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Djbaka(m): 12:22pm On Apr 13, 2017
My only question is What's the significance of marriage in Ikoyi Registry? Everybody seems to be going there.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by legba1(m): 12:23pm On Apr 13, 2017
Thanks for the info.... Can u pls do an exposé on divorce too. ..I need knowledge on that subject matter.... Thanks

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by dom(m): 12:27pm On Apr 13, 2017
Blissquare:
Thanks for the education. If I am seperated from my first husband because of physical and emotional abuse that I can prove, does he hav a right to remarry after 3yrs? He made me leave but I don't want him to remarry.

What time of marriage did u celebrate? Statutory, traditional, Islamic or just church wedding?

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Chomsky1967(f): 12:27pm On Apr 13, 2017
Olril18:

we were taught this by Barr Falade in family law!
Barr Bankole Falade? Did you go to ujay?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by linearity: 12:34pm On Apr 13, 2017
lrdval:
from what i can understand here, court marriage never overrides church marriage, once the church is registered. dont mind my vocabs...my question is, "what is there are two different law in both court marriage and in church marriage, which one should be attended to? for example when an issue of divorce comes up, and you weeded in a registered church and also in a registry marriage, the church says nothing like divorce until death do us apart, and court says, divorce if you cant go on, so here, which one should override each other

The church vows are not laws, they are just promises you made to each other before God and they are not legally binding.

A licensed church and a licensed minister plus witnesses is same as the registry, and operates under the same act...the additional stuff done in church is purely entertainment.

Like the OP said, if you did both and it does not matter the order, one does not cancel the other, you just wrote the exact same exam twice.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nowenuse: 12:41pm On Apr 13, 2017
Thank you for enlightening us.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Alphasoar(m): 12:42pm On Apr 13, 2017
Blissquare:
Thanks for the education. If I am seperated from my first husband because of physical and emotional abuse that I can prove, does he hav a right to remarry after 3yrs? He made me leave but I don't want him to remarry.
You still love him right?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Alphasoar(m): 12:46pm On Apr 13, 2017
But Nigerians will never hear. Why? oh because, Frivolity and Nigerians are like Akara n Bread.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by sagitariusbaby(m): 12:50pm On Apr 13, 2017
Are you saying if my church is registered and recognised by law to conduct marriage ceremonies that I don't need to go to the marriage registry again for the same purpose?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by gbzed(m): 12:51pm On Apr 13, 2017
Is the man in the last pciture a mannequine
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by fabolousneyo: 12:54pm On Apr 13, 2017
Please what's the cost of booking at Federal Registry Ikoyi
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by idu1(m): 12:57pm On Apr 13, 2017
Olril18:

we were taught this by Barr Falade in family law!





And you ve to qoute all the write up to make your 'LAME' statement?

2 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by diva90: 1:16pm On Apr 13, 2017
How does one dissolve a court marriage in nigeria?

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Anusiemgood(m): 1:21pm On Apr 13, 2017
What are the major benefits for the man,I was made to believe that the kind of marriage registry Favour's only the ladies
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Lokoyen(m): 1:22pm On Apr 13, 2017
I have a question, is Ikoyi registry the only recognized registry outside the shores of Nigeria? I see everybody even people who don't have plans to travel out go there.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by okilingtete: 1:45pm On Apr 13, 2017
Anyway that is worldly opinions, marriage is ordained by God.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by ImohWilliams1(m): 2:00pm On Apr 13, 2017
Nice one Ewongo Cleopas!
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Ngokafor(f): 2:16pm On Apr 13, 2017
saydfact:
That Last pics thou @op grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin grin



..As in embarassed cheesy cheesy..it was a rude shock to me..

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by suolboy(m): 2:22pm On Apr 13, 2017
Please, i need your help to explain this issue to me.
My wife and I did Church marriage far back 2013. Now my wife want to go for her NYSC and we need a Court marriage certificate so that she can be posted to our state of residence. I inquired from a Customary court about getting a marriage certificate instead of going to the local government Registry. They told me they can offer me DECLARATION OF MARRIAGE CERTIFICATE. Please will this certificate be treated same as the Registry Certificate of marriage?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by CzarChris(m): 2:30pm On Apr 13, 2017
veragistonline:
First of all, there is nothing like court marriage. That's a popular misconception. What we have is 'Registry Marriage' or 'Marriage under the Act'.

The court is not conferred with the power to conduct or celebrate marriages. They don't have the right to 'wed' or 'join together' anyone. The court only has the power to do the following; dissolution of marriage (e.g divorce, legal separation), issues of settlement or other legal remedies in and out of marriage. The proper place for the celebration of marriage is a Registry or a Licensed place of Worship.


Paragraph 1.

1.1. In Nigeria, we have two kinds of recognised marriages; (1) customary marriage (this includes the Islamic Marriage) and (2) Statutory Marriage (not white wedding). I will explain this as we go on.

1.2. A traditional marriage is not necessarily a customary marriage. A customary marriage is a complete marriage procedure by itself especially if you have no intention of getting married statutorily. The customs, practices and traditions of (both parties) governs such solely and nothing more. ‎A traditional marriage especially in Nigeria simply pays allegiance to traditions and practices without being bound by such laws once a statutory marriage is done. It is an example of 'give unto ceaser what belongs to ceaser'.‎

1.3. A statutory marriage overrides a customary(traditional) marriage. This means, you can either wed customarily or statutorily and if you do both, the Statutory Marriage backed by 'The Marriage Act' completely cancels the other. It can be argued that in a deeply cultural/communal place like Nigeria, sometimes parties for the sake of peace, or just to fulfil family obligations and to pay obeisance to traditional rites, conduct a traditional (a variation of a customary marriage) before conducting a statutory marriage.

1.4. (it is pertinent to note here that the Registries/licensed place of worship don't need proof of a traditional marriage celebration before joining parties together under the Act) To be legally married, you don't need to fulfil any traditional obligation. The law does not recognise or make demands for such because it amounts to writing same examination two times for just one course when one is all you need.


Paragraph 2.

2.1. The Marriage Act governs statutory marriage in Nigeria. That's why it is simply referred to as Marriage under the Act. A statutory marriage has the flavour of the law and recognises just one man married to one woman. Meaning, if Polygamy is your aim and your religion or culture does not frown at more than one wife, then there is no need of conducting 'a registy marriage' or a marriage under the Act. This is the major difference between a statutory and a customary marriage. The law defines marriage as between just two people, one man and one woman. Nothing more.‎


Paragraph 3.

3.1. A statutory marriage can be celebrated in either of these two places;
1. A registry OR
2. A licensed place of worship. (e.g a church)

3.2. A 'church' wedding does not confer any legal status on a marriage if such church is not licensed or if the license has been revoked by law. We usually mistake a church wedding for a 'statutory marriage' and that's very far from the reality. A church marriage that does not comply with the processes as stipulated by the Act can best be described as a party. I always love to tell my friends to ensure that their worship centres are licensed and if it isn't, head to the nearest registry or LG headquarters to be joined by a Registrar.

3.3. Something else, let's take for instance I own a church, registered under Part C of CAMA and it is called Hallelujah Ministry, and I have about 449 branches, it should not be assumed that all 449 branches are licenced places of worship for the purpose of celebration of Marriages. Issues of licence are very specific. Licence is not blanket. It is possible that my branch at Ikorodu is licensed while my branch at Nnewi, isn’t. Governors of states by a gazette can confer or revoke licences on worship centres. A church being registered under CAMA does not necessarily make it licensed.‎


Paragraph 4.‎

4.1. The statutory marriage is conducted by a Registrar OR a Minister of a licensed place of worship. Emphasis on LICENSED. This means that if you were legally joined together by a Registrar, there is actually no need for a Minister(your pastor, reverend, bishop, apostle, spiritual leader etc) to do same again. Vice versa. Celebrating in these two places can at best be 'duplicity'. But I also understand the need especially in a religious society like ours to want a church to 'bless' your marriage even after a registry celebration. But note, one is enough and okay.

Note: two things must be in place especially, a licensed place and a licensed person to perform the celebration.

Further Note: something played out in court last year and this line of question redirected me back to the Act. The only recognised time to be joined together legally is from the hours of 8am to 6pm. Anything after has a cloud of uncertainty. Sometimes very little things like this go a very long in making or marring a case.‎‎

4.2. The importance of being legally joined together plays out in the following circumstances;

(a) when parties want to go their separate ways e.g. divorce, separate or remarry. And this is where a couple of people I've spoken usually have an issue. I've heard a man being advised not to do a 'court marriage' because his wife will take all of his properties away. Actually, that's very far from the truth and reality. The court in Nigeria is not vested with such powers. Issues of compensation comes up when there are children to support, joint properties to split, promises, financial debts by one party, agreed compensation by both parties etc. No one strips you of your properties because you did a registry marriage.‎ This is one misconception that fuels suspicion if a lady insists on a statutory marriage.

(b) death of one party and issues of estate administration. If a person dies, his properties will be administered based on two things, his/her or will or if he had no will the governing law upon which he was legally subjected in marriage. Marrying under the Act makes your estate administered by the law of your states and not the customs or traditions of your place. This is always very dependable because on order of priority, your family is well catered to and it minimises conflicts & problems amongst your loved ones. (another post entirely)‎‎

(c) if a party wants to conduct another marriage, being legally joined together estopps such from happening. In fact, it even makes it criminal. If your marriage was not 'legally' recognised under the Acts, nothing stops him/her from marrying another person while you're still together. An act provides marital security especially from 'wandering-proned' spouses.‎

(d) if one party is indicted in a criminal or civil matter. A legally recognised marriage protects the right of a wife or husband not to give evidence or testify against the other spouse. But such covering doesn't exist if such marriage was not properly celebrated as provided by the law.

(e) other legal benefits that may accrue by law e.g. medical covering and insurance from your spouse's place of work, care packages accruing from services rendered by a spouse, disability benefits, social security, issues of insurance etc. A legally recognised spouse can reap spousal benefits that may be provided for by private or public institutions. This extends even to the children.‎ This does not apply if parties are not 'legally' joined.

(f) purposes of foreign travel, immigration etc. E.g. If you want to marry a Nigerian and relocate her to your country, only a statutory marriage will cover for that. The processes only recognise a Marriage conducted under the Act. This is just one out of the many examples in issues of immigration etc.
(many more to come)‎

4.3 A marriage not properly celebrated is seen by the law as null and void. It means it may as well not exist.

4.4. Currently, all Local Government Areas have Registries and Registrars to conduct and celebrate marriages. So wherever you are in Nigeria, you are covered. The process is the same anywhere.

Paragraph 5.

5.1. Conducting/celebrating a statutory marriage has the same uniform procedure whether in a registry or a licensed place of worship. To avoid making this cumbersome, I'll put up a link to the Marriage Act but also talk to your lawyer to guide you through. ‎Also, you can make findings in your local registry or place of worship about these processes and be mindful that it complies with the provision of the Act.‎

Note: It is the simplest, cheapest, easy to fund/celebrate form of marriage in Nigeria, especially in these time of economic unsettling.

5.2. Any question or observation can be raised or discussed here or with lawyers around you. I will also share in the comments, legal authorities backing the above summation.

-Barr. Enwongo Cleopas.

Source: http://veragist.com/enwongos-point-of-view/court-marriage-nigeria-enwongos-point-view-episode-5-veragist/

Wow!!! Truly ignorance is bliss. I thought once I agree to a court marriage, my own is over. But sir, if the court marriage doesn't mean my properties are divided between me and my wife if divorce occurs, why then is there a prenuptial agreements because there could be cases where the spouse may want to take advantage of the fact that they have kids and fleece the man.

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 2:39pm On Apr 13, 2017
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