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All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. - Family (3) - Nairaland

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by mark2sunny(m): 2:45pm 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.

Why dont you want him to remarry?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by okezie007(m): 2:45pm On Apr 13, 2017
I really do appreciate this knowledge shared. However, if am not mistaken your write up also implies that an unlicensed church wedding (aka party as you stated) makes allowance for another church wedding (maybe licensed) if he/she so desires. #IStandToBeCorrected
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 3:13pm On Apr 13, 2017
Who put that last picture?
Very educative piece
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 3:16pm On Apr 13, 2017
Baso on legal and logistic mattter; Registry wedding all the way ooo
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Sirheny007(m): 3:21pm On Apr 13, 2017
wait ooo..
someone please explain the 3rd picture shocked shocked shocked
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by MT: 3:39pm On Apr 13, 2017
Barrister in the house, please can you provide a robust response to these 2 questios:

1. My lady friend got married 6 years ago, the husband abandoned her like 4 years ago. He just left the house and couldn't be traced. They did registry wedding. He didn't even know what his child looked like as he disappeared while the wife was pregnant. My friend was browsing the Internet when she discovered that he has remarried since 2 years ago at ikoyi registry. No divorce, nothing. What legal posture could my friend take to address this injustice?.

2. I want to know if it's only ikoyi registry that embassies recognised in Nigeria as a lot of people troop there to marry. Also, what's the cost implication to marry at ikoyi.

Thank.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Jchi9876: 3:51pm On Apr 13, 2017
CzarChris:
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.

Dummy you didn't have to quote the whole thing.

Use your head na

4 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by CzarChris(m): 4:12pm On Apr 13, 2017
Jchi9876:


Dummy you didn't have to quote the whole thing.

Use your head na
your ignorant display of foolishness is a clear indication that you lack basic home training. Since it's clear that you can't express yourself without insults. Keep thinking with your nyash since your mouth is like the smelly orifice of an anus.

Rubbish!!!

7 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Jchi9876: 4:18pm On Apr 13, 2017
CzarChris:
your ignorant display of foolishness is a clear indication that you lack basic home training. Since it's clear that you can't express yourself without insults. Keep thinking with your nyash since your mouth is like the smelly orifice of an anus.

Rubbish!!!
.


cheesy cheesy
.you sabi speak English abi
Monkey

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Galantsantana(m): 4:20pm On Apr 13, 2017
OP, please what are the rights and privileges under the law of a lady and child born out of wedlock? does she has any chance/right to a share of ones property? what if she is the first person to give one a child?

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Goddys(m): 5:47pm On Apr 13, 2017
Galantsantana:
OP, please what are the rights and privileges under the law of a lady and child born out of wedlock? does she has any chance/right to a share of ones property? what if she is the first person to give one a child?
Ignorance is more deadly than HIV.
The problem of administration of the estate of a deceased who died intestate can simply be remedied if the deceased had made a Will or Codicils before his demise.
A child born out of wedlock whose paternity is acknowledged by the biological father is deemed a part of the family of the man under law and cannot be subjected to any form of discrimination in the succession of the estate of the biological father pursuant to section 42(2) of the Constitution of FRN 1999. Constitutionally, he is entitled to the devolution of the estate of the deceased who died intestate even where the prevailing custom of the deceased says otherwise. Sincerely speaking, there are conflicting decisions of the Court on this issue but the scale of justice weighs more in favor of the deceased illegitimate child.
However, where a deceased wishes to confine the succession of his estate to particular individuals, he may make a Will or Codicils to the benefits of such individuals and it shall be so once a probate has been obtained to that regard from the probate registry.
The only exception to the above is where the deceased died testate and made no provision for the wife, children or immediate relation who who were in his care before his demise. This category of person may apply to court praying for reasonable financial provisions to dependants pursuant to section 2 of Wills Law Lagos State.

2 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Putinbo: 6:19pm On Apr 13, 2017
There is no marriage called "court marriage" in Nigeria. What we have is "statutory marriage" or "marriage under the Act" .

4 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by moski5(m): 6:22pm On Apr 13, 2017
veragistonline:


You're most welcome.

cc: RoyalRoy

are you saying polygamy is not allowed by law?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by mecussey(m): 6:23pm 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.

Then go back to him or allow him to remarry. If he said he is done with you, then dust ur ass, do the legal part and move on. If you go complicate ur life with babalawo or mushroom churches, na you know oo

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 6:44pm On Apr 13, 2017
I'm sorry to make a little digression from the topic. My husband and I wedded at the registry for 6 years now and my marriage certificate is still as it was given to me. I tried laminating it but someone told me not to laminate it. Please is it wrong to laminate the certificate?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by madgoat(m): 7:00pm 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.

He made you leave but you dont want him to remarry. Seems you have a wicked heart full of vengeance. This might actually be the reason why he made you leave in the first place; most marriages that crash dont just crash because of problems on the surface.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Betsee: 7:08pm On Apr 13, 2017
very informative.. but, that last pics ehn.. is that caitlyn Jenner?.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Betsee: 7:09pm On Apr 13, 2017
very informative.. but, that last pics ehn.. is that caitlyn Jenner?.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 7:24pm On Apr 13, 2017
B
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Katier00(f): 7:44pm On Apr 13, 2017
veragistonline:


You're most welcome.

cc: RoyalRoy
thanks op. I am divorced and will like to remarry. must I dissolve my first marriage in the church before I can Wed again in court. I didn't do a court wedding, just church
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by trustperky: 7:53pm On Apr 13, 2017
Please under customary marriage, where the husband sent the wife home and the man later died after about 5 months, is it necessary for the wife people to ask the late husband people to come and take their dowry?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 8:01pm 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/


What if one did statutory wedding and you are not given the right certificate, how do u get original, I was given local government certificate instead of federal ministry of interior

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Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by CurrentSamuel(m): 8:46pm On Apr 13, 2017
Full of Errors anyway
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Kentrasso(f): 9:56pm On Apr 13, 2017
I am more worried that people who are not yet married are already planning for a divorce. This is terrible

2 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 10:38pm On Apr 13, 2017
olugere:


What if one did statutory wedding and you are not given the right certificate, how do u get original, I was given local government certificate instead of federal ministry of interior

How do you differentiate between the both certificates so I can know which is the one I have, please?
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Nobody: 10:59pm On Apr 13, 2017
cheenway:


How do you differentiate between the both certificates so I can know which is the one I have, please?

If your certificate has green band down the it and they wrote intergovernmental marriage stuff on it, it is fake and it is local government. The heading must not carry federal republic of Nigeria, but federal ministry of interior and it must be white all through without any green band at the bottom

3 Likes

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by honifome(m): 11:18pm On Apr 13, 2017
thanks for the enlightenment
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by MizAijay(f): 11:58pm On Apr 13, 2017
Good stuff. Thanks for the education.

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Xieno(f): 2:33am On Apr 14, 2017
Lokoyen:
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.




No dear.
Even the registry in the smallest village is recognized outside the shores of Nigeria.
My sister was almost deceived to do her wedding at Ikoyi if not for the early intervention of a solicitor.
They finally wedded in my village registry last November, and applied for visa which was given to her in January.

5 Likes 1 Share

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by Xieno(f): 2:45am On Apr 14, 2017
Putinbo:
There is no marriage called "court marriage" in Nigeria. What we have is "statutory marriage" or "marriage under the Act" .


I wonder why many after reading this beautiful subject and even applauding the writer that they've learnt so much still repeat that first line correction.. "court marriage" ..
I just taya sad

1 Like

Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by CzarChris(m): 3:00am On Apr 14, 2017
Jchi9876:
.


cheesy cheesy
.you sabi speak English abi
Monkey
My apologies for bamboozling you with my English, I didn't take your level of education into account when I was posting my reply to your obnoxious comment.
Well, enough of this rubbish, seeing that your level of comprehension is slower than that of a sloth. It's a pain trying to put some sense into you.

Anuofia.
Re: All You Need To Know About Court Marriage In Nigeria -Barr. Enwongo Cleopas. by shotuns: 5:04am On Apr 14, 2017
@OP , In a situaton where a lady got married at the registry a month to his husband leaving the country for work abroad, but a year after things changed and the husband couldnt be conneted to. 2 years later the lady got married to another man and the man in question also got married outside the country 6 years after. Would there be any problem in the future for the 2 individuals? Because I heard 7 years is the required number of years a woman can wait for his husband after which she could get married again.

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