LETS UNDERSTAND SOME BASIC MARITAL ISSUES UNDER THE MARRIAGE ACT
Denen Orkar.
Based on the reactions I have gotten on the post I did on marriage last night, let me reproduce some portions of the Marriage Act verbatim here, for the purpose of enriching our knowledge please. See Order 6 on “Invalid Marriages”.
Section 33 –
(1) No marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married under customary law to any person other than the person with whom such marriage is had.
(2) A marriage shall be null and void if both parties knowingly and willfully acquiesce in its celebration –
(a) in any place other than the office of a registrar of marriages or a licensed place of worship…; or
(b) under a false name or names; or
(c) without a registrar’s certificate of notice or license issued under section 13 of this Act duly issued; or
(d) by a person not being a recognised minister of some religious denomination or body or a registrar of marriages.
(3) But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Act other than the foregoing has not been complied with.
Section 35. Customary marriages
Any person who is married under this Act, or whose marriage is declared by this Act to be valid, shall be incapable, during the continuance of such marriage, of contracting a valid marriage under customary law; but, save as aforesaid, nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any customary law, or in any manner apply to marriages so contracted.
If you need further assistance, kindly contact your lawyers from here, please.
