Customary marriage in Nigeria | Traditional/ Customary marriage is a marriage form that has been conducted in agreement with the customs of the bridegroom and bachelor’s families. In Nigeria this could involve the paying of bridegroom price, giving of gifts, etc.
- The marriage must be arranged/organized, entered into or greatly admired/celebrated following customary law.
- The prospective partners must be above the age of 18 years.
- Both prospective partners must assent to the marriage.
- The parents of a prospective partner who’s a minor must assent/show express of approval or agreement to the marriage. However, also their legal guardian must assent
- If they’ve no parents. Although there is no restriction on the number of customary marriages that a man may enter into, no additional customary marriage may be entered into unless an order of court regulating the future marital property system of his marriages has been attained.
MARRIAGE UNDER THE ACT
- Marriage under the Act is a marital involvement that has been performed in accordance with the Marriage Act. The first step to make a marriage in compliance with the Act is to give notice of the impending marriage to the Registrar of Marriage in the native Government where the marriage will be conducted.
- The notice of marriage is given by the intending couple stuffing and signing a form after payment of a specified price in the office of the Registrar. The Registrar of marriages would also beget the notice to be published on the external door of his office and the notice board of the Local Government Area.
- This notice must be published for at least 21 days and during that period anyone who has an expostulation to the marriage is free to make an expostulation by registering this expostulation with the Registrar, and after the expiration of 21 days from the day of publication of notice, the Registrar will issue a “ Registrar’s instrument ” to the intending couple. The Registrar’s instrument is proof that notice of the marriage has been given with no expostulations, and the intending couple are free to memorialize the marriage.
- The marriage can also be praised at a listed place of deification( church/ synagogue ) or the office of the Registrar. However, it must be done under the supervision of registered ministry of the religious body( church/ mosque), If the marriage is memorialized in a licensed place of worshipping. Not all churches/ mosques are certified places for festivity of marriages.
- This must be done within 3 months of the allocation of the instrument by the Registrar, and if the marriage isn’t celebrated within that 3- month period all notices and certificate will come void and, the entire process must be started anew.
- Finally, the marital certificate is signed. This must be done by the couple and be witnessed by 2 people and the officiant( the person conducting the marriage ceremonial). The duplicate must be transferred to the Registrar of Marriages within seven( 7) days after the festivity of marriage. The registrar of marriage upon entering similar certification files it. formerly all the path are followed, it’s a valid marriage under the Act.