INTRODUCTION
In Nigeria as we all know marriage can only take place between a man and a woman . Under the Nigerian Law there are 3 kinds of marriages,they are ;
(a) Marriage Under the English Law(Also known as statutory marriage).
(b) Customary marriage.
(c)Islamic marriage.
While I may not dwell extensively into explaining the various types of marriages,I'll quickly discus same in brief in the course this short educating piece.
....So here we have it........
*25 Legal Facts Nigerian Couples should know*
(1) Irrespective of a Person's religion ,any man or woman can go into marriage under English Law.
(2) Under English Law ,a Nigerian below 21 must obtain the written consent of his/her parents before entering into marriage.
(3) Statutory marriage can be celebrated in a local government registry or a licensed place of worship.
(4)A Nigerian man or woman who marries statutorily can not marry more than one spouse unless and until he divorces the first spouse or one of them dies.
(5)Customary marriage could be celebrated by persons of any religious belief.
(6) Islamic marriages are only meant for Muslim believers in accordance with the Injunctions of the Quran.
(7) Change of name after marriage is not a legal requirement ,but an age long tradition.A bride may decide to retain her surname name if she wishes.
(8) No law forbids a divorcee (woman) from bearing her former husband's name.
(9) A wife is not criminally responsible for a crime she is compelled by her husband to commit in his presence provided such act is not an offence punishable by death or which result in an infliction of severe bodily injury.
(10) A spouse can not be compelled to disclose any communication made to him or her by the other spouse during marriage.
(11) Failure to marry a man or a woman after a Promise to Marriage is actionable in law,the offence is called "Breach of Promise to Marry".A jilted lover can claim damages.
(12) No court will honour/give an order compelling a man or woman to keep a promise of marriage.
(13) Enticing and Seducing another man's wife to abandon her husband and home is actionable in law.The "heart broken" or deserted spouse(husband) may sue the person who causes such abandonment for "loss of consortium".
(14) When a man who as married under English or statutory law enters into another English Law marriage ,while the first is yet to be dissolved ,he commits an offence known as bigamy which carries 7years imprisonment .
(15) For Couples married under customary law ,the law allows them to re-marry themselves under the English Law if they so wish.
(16) Pre-nuptial agreements are not enforceable in Nigeria.Pre-nuptial agreements is a written document prepared and signed by two persons who are planning to become husband and wife in which they define how their property will be shared and the issue of spousal support be dealt with in case of an eventual divorce .This form of agreement is however binding in the United States and other European counties.
(17) The law allows married couples under the Act to dissolve their union by filing an action for divorce in any state of the federation ,irrespective of where the marriage was celebrated or the couple reside ,provided the other spouse consent to it.
(18) A statutory marriage can not be dissolved through a couples consent .An action for divorce must be filed!
(19) An action for divorce can only be filed at a state high court and can only be filed by the husband or the wife and no else on their behalf.
(20) Before a divorce petition would be granted by an High Court the Party filing it must prove to the court that the marriage as broken down irretrievably .
(21) Under the Nigerian law ,a husband can not be charged for raping his wife ,he can only be charged for assault.
(22) A married woman who hasn't procured her international passport before marriage must obtain her husband's consent after marriage in other to be able to procure it.
(23) When a man denies the paternity of a child ,the child or the mother can approach the court for remedy.The court in many instances can order for a DNA test in other to ascertain the paternity of the child.
(24) As you know ,Same sex marriage is prohibited in Nigeria.
(25) Division of Matrimonial Property During Divorce : Under the Nigerian law,a woman is entitled to some money from her estranged spouse especially if they have children together,however for her to back able to lay claim to property acquired during marriage ,she must be able to prove her contribution to the acquisition of same.
(26) It is legally Improper to use the words" Mr & Mrs Phil Umoru" ,instead of should be "Mr Phil Umoru & Mrs Phil Umoru".
For more details and information contact the numbers for consultation or the mail provided.
Thank you.
Umoru Theophilus Iko-ojo, Esq, is a Lagos based Legal Practitioner .
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