Court marriage in Nigeria: Rules, procedures, advantages and disadvantages

If you’re about to get married, you may consider court marriage. The economy is biting everyone, and having a typical Nigerian wedding may not be in your books for now (yeah, right, tell that to your family). However, if you and your partner can convince your families that you don’t have to invite all your ancestors to have a perfect wedding, then a court wedding is the perfect option.

Court marriage is becoming popular in Nigeria due to its lesser costs and stress. Previously, many (especially men) had various misgivings about entering into a marriage contract through the courts. Now things have changed, and more couples are going to the courts to marry.

Table of Content hide 1What is court marriage? 2What are the rules of court marriage? 3Court marriage in Nigeria procedure 4Advantages of court marriage 5Disadvantages of court marriage 6Difference between court marriage and registry marriage in Nigeria

What is court marriage?

A court marriage is a legal marriage between two people who have agreed to come together to become husband and wife. It means legal authorization of marriage between two people. Once a person does a court marriage, the person is officially married.

What are the rules of court marriage?

The Marriage Act is the primary legislation that sets the rules for the celebration of marriage in Nigeria. Monogamous marriage (marriage between one man and one woman) is the only form of marriage recognised by the Act. There are rules to follow to have a court marriage, also known as statutory marriage.

First, in Section 7 of the Marriage Act, either party intending to marry must give notice of marriage to the Registrar of Marriages where the marriage is intended to occur. The notice shall be in Form A and must be signed by the party giving the notice.

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After paying the prescribed fees, the Registrar shall publish a copy of the notice by pasting it on the office’s outer door and the registry’s notice board after it has been entered in the “Marriage Notice Book .”Registrar’s certificate in Form C will be issued after 21 days. During this time, a caveat will be opened for anyone with reasons why the marriage should not take place. The person must write the word “Forbidden” opposite the entry of the notice in the Marriage Notice Book. In addition, the person must include:

• His or her name.
• Address.
• The grounds for the objection in compliance with the provision of section 14 of the Marriage Act.

If the caveat is validly entered, the Registrar shall not issue his certificate until it is removed by the judge of a High Court of the state who will determine the matter. Here, the judge shall cause the parties and the caveator to appear before him to show cause why the Registrar’s certificate should not be issued or otherwise. The matter shall also be determined in a summary way that allows the right to appeal in the Court of Appeal.

If the judge decides a certificate should be issued, he shall remove the caveat by cancelling the word “forbidden” and writing below it: “cancelled by order of the high court.” The same will be signed in compliance with section 16 of the Marriage Act. Then the Registrar will issue the certificate as if the caveat was never entered.

For the certificate to be issued under section 11(1) Marriage Act, the Registrar must be satisfied with the affidavit of the following:

• That one of the parties has been resident within the district in which the marriage is intended to be celebrated at least fifteen days preceding the granting of the certificate
• That each of the parties to the intended marriage (not being a widower or widow) is twenty-one years old, or that if he or she is under that age, the requisite consent has been obtained in writing and is annexed to such affidavit;
• That there does not impede kindred or affinity or any other lawful hindrance to the marriage;
• Neither of the parties to the intended statutory marriage is married by customary law to any person other than the person with whom such marriage is proposed to be contracted.

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The court marriage must be celebrated within three (3) months of the date of the notice of marriage as it is required under section 12 of the Marriage Act. If the marriage is not held within this period, the notice and other subsequent processes shall become void, and the parties involved will have to present a fresh notice before they are lawfully married.

Under the Marriage Act, venues where a court marriage can be celebrated, are the Registrar’s office (marriage registry before the Registrar); and other places licensed by the minister.

Court marriage in Nigeria procedure

The Federal Government of Nigeria officially recognizes court marriage as proof of a marriage contract between a couple. There are two Federal registries in Nigeria – the Ikoyi registry, which covers all residents in Lagos, South-South, South-East, and South-West; and the Wuse 2 Registry, which covers all those residing in the Northern region. There are also registries at the State and Local Government levels. To have a court marriage, you should take the following steps:

• Visit the registry of your choice.
• Obtain a Notice Form or Form A from the registry, which indicates your intention to marry. Fill in details like name, age, address, occupation, marital status, etc.
• Submit two coloured passport photographs along with the form. The form will be posted on the Notice board at the registry for 21 days. It will then be entered into a book called the Marriage Notice Book which may be inspected during office hours without a fee.
• Once the notice expires, you’re expected to pay a prescribed fee which depends on the registry you’re using. The criteria for the issuance of a certificate have already been discussed above.
• Once you have fulfilled the criteria, you’re expected to swear an affidavit before the Registrar or a recognized minister of religion. While swearing, the Registrar will reiterate the above criteria and the penalties for violating them. Violation of any of these rules will lead to prosecution, and the person may be sentenced to five years in jail.
• Once the necessary consent has been obtained, the minister will dispense with the giving of notice, issue the certificate, and grant his/her license, known as Form D. This form authorizes the celebration of marriage between both parties.
• Choose a wedding date which should be within three months from the date the notice was placed with the registry.
• You’re allowed to come with family and friends for your wedding. During the wedding, the Registrar would print the marriage certificates in duplicate and with counterfoils as in FORM E. The entire ceremony is usually not longer than 30 minutes.

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Note: If you want to have a church wedding, it must be a licensed one under the leadership of an authorized cleric or religious group leader. You must have at least two witnesses, which could be your parents, present at the wedding. The officiating minister will duplicate the marriage certificate, fill it with the particulars required by Form E, and enter in the counterfoil the certificate number, the date of the marriage, names of the parties, and the names of the witnesses.

Afterward, the duplicate certificate will be signed by the officiating minister, by the parties, and by two or more witnesses to the marriage. The spouses will then take one of the certificates and send the other to the local Registry Office. Meanwhile, according to the FORM F, every marriage certificate should be filed in the Registrar’s office.

Advantages of court marriage

• Court marriage saves money.
• It is less stressful as you don’t have to organise a big event.
• It protects both the man and woman, but especially the woman. Both have 50 percent joint ownership of assets. Anything can go wrong in a marriage, and you will have legal security to help in such circumstances.
• Court marriage is fast. The entire ceremony doesn’t take more than 30 minutes.
• There is no dress code for court weddings. You can wear anything you like.
• It enhances the application for a visa to travel abroad.

Disadvantages of court marriage

• Divorce cases in court marriage have a strict procedure which can be long and stressful for spouses.
• Although the wedding itself doesn’t take time, the process leading to the wedding is time-consuming.
• Strict filling of forms means you’re not allowed to make a mistake.

Difference between court marriage and registry marriage in Nigeria

Court and registry marriage is the same marriage process or type of marriage. They are only called different names. This is because, in this case, it takes place at the marriage registry. The principal laws governing marriages in Nigeria are contained in the Marriage Act of 1914 and the Matrimonial Causes Act of 1970. Marriages conducted in the registry can only be dissolved by the State High Court.

So there is no difference between court marriage and registry marriage in Nigeria.

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