Effects Of Statutory Or Marriage Under The Act

By Stanley Maduabuchi Ofoegbu Esq

There are two types of marriage in Nigeria. The customary/ Islamic law marriage and the marriage under the Act. While that of the customary and Islamic law marriage is easily known and understood by many, the statutory marriage is widely not well understood by many including those who think they actually contracted a statutory marriage. Many who had their marriages celebrated in church automatically think they have contracted a statutory marriage. Only a few understand the fact that celebrating a marriage in a church does not cloth the marriage with the statutory flavour of marriage under the Act.

But then, what is a statutory marriage?

A statutory Marriage is that which is conducted in accordance with the Marriage Act of Nigeria. It involves the marriage of a man and a woman and no other party. In other words, it is a monogamous marriage of one man married to one woman in accordance with the provisions of the marriage Act. It is the type of marriage that many erroneously describe and call “court marriage”. Truth be told, there is nothing like court marriage or even church marriage anywhere. Being a statutory marriage or Marriage under the Act, the process usually starts from the marriage registries and terminate either in the same marriage registries or in a license place of worship with the issuance of a marriage certificate bearing federal Republic of Nigeria, a unique identity code or number at the top among others.

While a lot of persons who had their marriages celebrated in a church whether recognized or unrecognized, did that with the mindset of contracting a marriage under the Act or statutory marriage simply because their marriages is to a single spouse, it necessary to note here that marriage involving one man to one woman only does not translate to marriage under the Act until the legal requirements are met. Hence, spouses who are confused as to the type of marriages they contracted, should ask questions to be guided.

From my experience as a lawyer with in-depth knowledge on matrimonial causes issues, I have observed that many including married men and women who contracted statutory marriages are not aware of the legal benefits, consequence or effects and thus, the essence of this piece.

Marriage under the Act has some of the following effects howbeit, the list is not exhausted:

1. The legal personality of both parties is automatically affected as both the husband and the wife will be regarded in the eyes of the Law as one entity. In other words, the legal existence of the woman is suspended or incorporated or consolidated into that of the husband. Thus, aligning with biblical principle and injunction.
2. A husband and a wife can both acquire properties jointly in their names as a family property or in the name of one of the parties.
3. A husband can be compelled by the order of a court to maintain and take care of the wife. In other words, where a husband of a statutory marriage willfully fails or reneges in his duties to maintain his wife, instead of applying or seeking for a divorce which is now common among married couples, a wife can approach the court for an order to compel the husband to perform his duties at home taking into considerations, facts, circumstances and evidence presented to the court. This on its own, can be an alternative to divorce especially, when the marriage is blessed with a child or even children.
4. One of the grounds for presentation of petition for the dissolution of marriages is that one of the parties is found to have denied the other conjugal rights and benefits. A wife or a husband who denies the other or fails to restitute conjugal rights, can be sued even when there is no petition for the dissolution of marriage. In other word, the affected party can approach the court seeking for an injunction compelling the deviant party to restitute conjugal rights instead of seeking for dissolution of marriage thereby saving the union and the fate of the child or children of the marriage.
5. Either of the parties can apply for judicial separation instead of seeking for a divorce. Judicial separation is a situation where, although parties are still married legally, a couple is allowed by the court upon an application to live separately and not have full rights and duties of a married couple for a certain period of time. No doubt, marriage is not always a bed of roses. The harmonious relationship between couple could break down for one reason or the other. When that happens, either of the party who cannot tolerate further, can approach the court for an order of judicial separation for some time. By that, parties become separated but still married and none can contract another marriage for the time being. This may help parties to cool off or heal from one or two issues. It might help parties to also understand the role of each other thereby giving them new strategies for coming back as couples.
6. Its no news that some men and women die in the course of preserving their marriage. Physical assault and battery are usually the underlining factors for such marriages. While those who are wise, seek for the dissolution of marriage to save their life first, those who are unwise remain in such abusive relationship all in the name of love or children. Well, the good news is that in an abusive marriage characterized with physical assault and combat, parties who got married under the Act, are entitled to either apply for the dissolution of the marriage taking into consideration other facts, or apply to obtain a restraining order against the deviant party in the marriage. In other words, where either party is not willing or akin to dissolution of marriage due to stigma, religious beliefs or even personal opinion, such a party can approach the court for a restraining order against the deviant party from abuse and assault. This may also be enjoyed in a customary law marriage but easier in marriage under the Act due to proof and others.
7. Where any of the spouse dies intestate (without a will) the properties of the deceased are automatically, first transferred to the surviving spouse before any other person as against what is obtained in customary marriage.
8. Either party can sue a third party for damages for adultery. In other words, where a husband of a statutory marriage or marriage under the Act discovers that a third party had sexual intercourse with his wife, the said husband can decide to sue the third party for damages if he does not want to apply for a dissolution of the marriage. The same right applies to the wife of a statutory marriage provided in both case, there exist sufficient evidence to establish adultery.
9. Both spouses can enjoy foreign trips together at the same time and are both restrained from marrying another person while the marriage exist unlike what is obtainable in customary law marriage where a man is allowed to marry as many wives as he desires. For the avoidance of doubt, there is nothing like sharing of properties during dissolution of statutory law marriage. A man or a woman who claim to be entitled to certain properties, must prove by credible evidence that he or she contributed in the purchase of the said property. Thus, statutory law marriage does not confer on a party what he did not labour for.

In summary, marriage should be anchored on mutual love and affection, understanding and tolerance, forgiveness, trust and sacrifice among others provided that parties must at all time know that marriage is not a do or die affair.

Stanley Maduabuchi Ofoegbu Esq can be reached via 08068515340, 08037750926, email: ofoegbustanley72@gmail.com.