Tuesday, 13 October 2015

NIGERIAN MARRIAGE ACT REVIEW (4)

Good day. How are you doing? I'll continue with my review of the Nigerian Marriage Act. If you'll like a copy of the Marriage Act I'm reviewing, you can search the Internet or send an email to thechristianwomenstories@gmail,com.
We'll review Sections 33 to 48 in this post. 

According to Section 33, a Statutory Marriage to a person who is married to someone else under customary law is INVALID. Please confirm that the man claiming to have divorced his customary law wife has TRULY done all that is to be done to sever that marriage (there is a punishment for not verifying). 

A statutory marriage is null and void if it wasn't celebrated in the registrar's office or a licensed place of worship (except the marriage license mentions the place you got married). 

A statutory marriage is null and void if one or both parties used a false name (Check that dude's name before you agree to marry him). 

A statutory marriage is null and void if it is celebrated without a registrar's certificate of notice or license. 

A statutory marriage is null and void if it is was celebrated by a person who isn't a recognized minister of a religious denomination or a registrar of marriages. 

While still married under the Marriage Act, a person is incapable of contracting a customary marriage (there is a punishment for trying to do so). 

There are fees to be paid per the Second Schedule; I'll share those later. 

If the parties getting married are too poor to afford the fees, the Minister (of Interior) can reduce or remit the fees. Hephzibah thinks they shouldn't be getting married but I'll love your thoughts on this. 

Anyone that tries to marry someone who has been married under the Marriage Act is liable to imprisonment for 5 years. Anyone that makes false declarations for marriage is liable to imprisonment for 5 years. Anyone that gives false pretence to impediment is liable to imprisonment for 2 years. Anyone that performs a marriage under this Act when he/she isn't qualified to or who performs a marriage under this Act for people who shouldn't have been married under the Act is liable to imprisonment for 5 years. 

Anyone who neglected to transmit a marriage certificate performed by him (or her) is liable to imprisonment for 2 years. Anyone who another person or uses a false name to deceive the other party to the marriage is liable to imprisonment for 5 years. 

Anyone who goes through a marriage that he/she KNOWS is null and void for any reason while the other party believes the marriage is valid is liable to imprisonment for 5 years.

Anyone who attempts to contract a Statutory Marriage when he/she is already married under customary law to anyone other than the customary law partner is liable to imprisonment for 5 years. Anyone who attempts to contract a customary marriage when he/she is already married under the Marriage Act to anyone other than their partner is liable to imprisonment for 5 years. Essentially, this allows a couple to marry under both customary law and the Marriage Act. 

Anyone who marries a minor (under 21 years) without the prescribed consent or anyone who assists such a marriage is liable to imprisonment for 2 years.

I'm only sharing highlights. I hope you do save a copy of the Marriage Act to 1) verify my claims, 2) raise points of discussion and 3) make informed choices. Let me also state that I'm not a lawyer, so if you believe you should seek legal redress, please discuss with a lawyer before you start legal proceedings. 

How is the day going?

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