You asked: What is a customary marriage in Nigeria?

Customary law, which is the body of unwritten norms, rules and regulations accepted by a community and recognized, as binding on them is the main source of Nigerian family law. A customary marriage is one where spouses are married in terms of customs and tradition.

 In other words, it is a legal union which exists between a man and a wife(s).  The practice is acceptable world over and it is usually legally recognized. In Nigeria, though there exist a statutory marriage which is monogamous in nature but most prevalent is the customary marriage.

What is the meaning of customary marriage?

By definition, a customary marriage is a union that is negotiated, celebrated and concluded in terms of indigenous African customary law. … Often, the wedding celebrations don’t take place for a while after the lobola negotiations and payment has been settled (in part or full).

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What makes a customary marriage valid?

Requirements for a valid customary marriage

The prospective spouses must both be above the age of 18 years; They must both consent to be married to each other under customary law; and. The marriage must be negotiated and entered into or celebrated in accordance with customary law.

What is traditional or customary marriage?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. … The Registrar’s certificate is proof that notice of the marriage has been given with no objections, and the intending couple are free to solemnise the marriage.

How many wives can you have in Nigeria?

Marrying multiple wives is a lot less common among educated people in Nigeria but polygamy still happens in rural areas, especially in the Muslim north. It is legal. Though the official marriage registry only allows for one wife, it also has a clause that allows for marriage under “customary” law.

How do I register my customary marriage in Nigeria?

Required Documents[edit]

  1. One (1) passport of each of the applicant.
  2. Birth Certificate or Declaration of Age of both applicants.
  3. Identification documents for both applicants.
  4. Certificate or letter of identification from state of origin (Nigerians only)

21.12.2017

What is the difference between civil and customary marriage?

What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

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What is the difference between customary marriage and statutory marriage?

Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. … However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).

How do you nullify customary marriage?

Dissolution of marriage in terms of the Act

Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.

What happens if customary marriage is not registered?

The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.

Is an unregistered marriage valid?

The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.

Can you get married while married to someone else?

Under California law, a person cannot marry another person while stilll married. It would be necessary to first obtain a dissolution of marriage.

What are the three types of marriage in Nigeria?

Nigerian law envisages 3 types of marriages namely; Traditional/Customary marriage; Church/Islamic marriage and Statutory marriage.

What is the difference between traditional and modern marriage?

Traditional marriages locked the spouses into their predefined roles without any opportunity to allow for individual choice. … Modern marriages allow for individual preferences. The spouses are considered equal partners and the women have their share of power and control in decision-making for the family.

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