Legal Reason For Men Not To Be Afraid To Contract Court Marriage As Oppose To Orthodox Belief

By Ehidiamen Destiny Odianosen, Esq

A large number of the populace have this erroneous fixation ,that once a party contract Court marriage, the man has subjected himself to the shackles and manacle of servantship to his wife and the woman is grasping and waiting to take 50% of the man’s property in the event of divorce.

It is on the back of that misleading conception that this paper seeks to have a panoramic view and to establish the true picture of court marriage so that we can purge out some dangerous fixations we hold about it.

For the avoidance of doubt, the term “Court marriage” is a misnomer and a wrongful tag. The legally correct and proper name is Statutory marriage. In a nutshell, it simply means a marriage which is conducted under the statutes and enabling laws as distinct from customary marriage that is tailored according to customs and tradition of a particular tribe

It is not surprising that most females and fathers of daughters have become fanatical cheerleaders of Court marriage, by erroneously and whimsically branding court marriage as an insurance Company that will pay indemnity in the event of divorce thereby ascribing no legal value to our age long customary marriage.

Such a concept is legally misleading: both customary and statutory marriages have the same legal effect, efficacy and judicial imprimatur. A party can apply for grant of maintenance and division of property in the event of divorce in Customary marriage, it is only the court that dissolve customary marriage[EZEAKU VS OKONKWO All FWLR part 654 page 129 [2012]. A party who contracts a customary marriage need NOT to do Statutory marriage.

Emphatically, church marriage is baseless, meaningless and holds no weight in legal sense, it is only done to assuage the feelings of being a society Quaker [OBIEKWE V OBIEKWE [1963] 7 ENLR 196.

But it must be stated here pronto that celebration of marriage in a licensed place of worship after parties have presented the registrar’s certificate of court marriage to officiating minister is not baseless in law, is one the place which is optional to celebrate marriage as a condition precedent to fulfill court marriage(that is if a person has gone to court to contract court marriage at first) .MOTOH V MOTOH [2O1O]LPELR 8643[CA]…

One act which has beclouded the practice of modern marriage is the practice of legally considering halls and field as a place of celebration of marriage. Such a conduct can best be termed as a flimsy façade practice, display of opulence and announcement of nouveau riche status.

One striking feature of Court marriage is the complete rejectamenta of any modicum of polygamy . A party is precluded to contract any of customary marriage or statutory marriage with two different women after he has done statutory marriage or even customary marriage at first, but a person can only do both marriages with the same woman [section 35 and 46 of the marriage act and section 33(1) of the matrimonial causes Act). For example, if Mr. Okojie, at first, marries Mrs. Simbi under the customary marriage and subsequently goes ahead to marry Mrs Adago under Court Marriage, the Court marriage to ADAGO is void and legally offensive, It attracts 5 years imprisonment, the only Marriage the law recognizes is the customary marriage to Mrs Simbi, but can do the both marriages with Mrs Simbi . A party can also decide to do only court marriage and abandon customary marriage.

WHY IS GOOD FOR MEN TO CONSIDER COURT MARRIAGE OVER CUSTOMARY MARRIAGE.

With respect and without attempting to devalue customary marriage, court marriage has more legal flavour and colouration over customary marriage on the strength of evidential value and administration of estates law.

EVIDENCIAL VALUE: it simply means something to present in the event of circumstance or the need arises to prove a cause. Just like the fictional TITANIC movie character JACK who dripped and froze to death in the ocean just to allow for space on the metal escarpment for ROSE to be safe. That is the extent that a man can do anything for his wife in marriage. A tragic real life story that I was opportune to witness was an event where a man was said to have purportedly contracted a customary marriage with his spouse. The man used all his life savings to open a shopping mall for the woman in the hope of a better future for his family. Before she could bear a child, the woman was lost to the unruly element of death. The crux of the matter is that the man lost the shopping mall and his investment to the woman’s family as the woman’s family claimed that the man has not completed all the steps of traditional marriage. Having failed to do that, it means that there was no marriage at all. The man lost the legal battle through the confusing labyrinth and laborious way of calling witness to prove the existence of marriage as the bulk of them were even from the woman side. This huge financial loss would have been avoided if the Man had a marriage certificate to prove the existence of Marriage to claim the property because In law under Administration of estates law (inheritance law ). Once a person enters a court marriage, in the event of death of one of the spouses, the estates and properties of the deceased will be legally dovetailed and bequeathed to the living spouse in the absence of any Written WILL. [OBUSEZ V OBUSEZ [2007]ALL FWLR, part 374, p 227.

Another perfuming flavour of court marriage over customary marriage is on the premise that only the consent of the contracting parties is required. This will help to shove off some irredentism and ethnicity principles being held by some parents that some children are not supposed to marry from certain tribes or state so that they can get the parental approval for their marriage and such parental consent is legally require for CUSTOMARY marriage, thereby preventing lovebirds who are deeply in love from doing marriage, thereby capriciously depriving them of eternal joys, such spouses should forget customary marriage and contract court marriage which require no Consent of parent [AGBO V UDO (1947) 18 NLR 152.

Finally, court marriage certificate is a prima facie evidence of the existence of marriage. This will be important to those who want to do family visa to travel abroad.

LEGAL WAYS THE COURT SHARE MATRIMONIAL PROPERTY WITH SPOUSE AND GRANT OF MAINTENANCE AFTER DIVORCE

The love which married couples once emphatically professed to last forever has become frosty, acrimonious, sour, irretrievably broken down beyond the repairs of marriage counselors. The marriage coming to its end and epilogue chapter vide the initiation of divorce proceeding in court, the jigsaw puzzle question before the Court is how to make division of the matrimonial property according to Efforts and financial contributions made by each person in the cause of the marriage ,such concept in law is know as grant of maintenance (money)and alimony (section 70 of Matrimonial causes Act)

One point i want to bring under the eye focal and sound loud to the ears, is that there is Court divorce settlement of matrimonial property , grant maintenance ,division of matrimonial property, child custody both in Customary Marriage and Court marriage, even in some foreign countries the mere existence of strong cohabitation may warrant for a person to be granted maintenance(money) , in Nigeria a spouse can even seek to be granted maintenance(money) and share of his own contribution while the marriage subsisting WITHOUT initiating Divorce proceedings (KPILAH v NGWU (2018) LPELR -45395(CA)

The Recent divorce case between Jeff Bezos and Mackenzie has further enveloped most males/husband into trepidation and fear that they are on the receiving end or more likely to lose property in the event of divorce , but the legal truth is that such Men who anchored their belief on that conception that they will lose their property in the event of divorce surely miss the legal point just like the way Yakubu Ayegbeni infamously missed that goal opportunity at the World cup . with the following reasons

The sole belief that a woman is a wife to a man entitle her to be granted maintenance(money) divorce settlement and have a share of the property is erroneous and Not legally correct she CANNOT be entitle to grant of maintenance(money) and share of property on the mere fact that she is a wife, as was held in the court case of (OKALA v OKALA (1973) 3 E.C.S.L.R

There is no presumption of equal division of property in divorce proceedings matters, for the fact that a woman will divorce her husband will NOT entitle her to half of her husband property as was argued in the court case of (KPILAH v NGWU (2018) LPELR -45395(CA)

The mere fact that the husband is rich , parade the crème da la crème cars and material chattels is not a guarantee that the woman will be granted maintenance(money)as was held in the court case of Will v Will(2 FLR 136 ) one would ask himself, while have the popular Nigeria former minister who has divorce four times not gone broke. There are some judicial, legal formula and principle the court will considered to grant maintenance(which we later discuss later)

Unfortunately many people are ignorant that the law give opportunity for MEN to be granted maintenance(money) and Alimony from the woman in divorce p ,section 70 of the matrimonial causes Act dispassionately answer that question, by the virtue of sec 70 of M.C.A. a man CAN ask his wife to pay him alimony as was held in the court case of COKER V COKER (suit no.wd/19/61 of 7/1/63[ unreport lagos state high court and ORR V ORR 440 US 268(1979)

There are plethora and Conspicuous examples where women paid their ex-hubby alimony(money) some America celebrity case are glaring examples of such
Micheal Jason’s sister Janet jackson paid humongous 8 million dollars in 2000 to Rene Elizonde the dancer who was her ex husband ,it was even proven that the husband before the divorce, that ELzonde boast more financial prowess than Janet.

Jackson

The popular pop star Jennifer lopez paid Alimony(money) of 10 million dollars to her ex-hubby Judd Criss

Grant of maintenance is not reserve for only particular gender it for both gender, because hubris and megalomania attitude in our African environment Men are ashamed to ask for maintenance from their , but I must state categorically a man can ask for alimony from his wife.

LEGAL FORMULA,FACTORS AND MODE THE COURT WILL CONSIDERED TO GRANT MAINTENANCE (MONEY) DIVISION OF PROPERTY AND DIVORCE SETTLEMENT AFTER DIVORCE

Contribution of the spouse, financial capacity, age , conduct of the parties such as to the spouse who is at fault that cause the irretrievably broken down(break up) , who is to be in the custody of children, and other relevant factors this principles were held in the Court cases of Odusote v odusote(2012) 3 NWL (pt 1288) and KPILAH V NGWU(2018)

CONTRIBUTION: this emphatically mean the financial contribution of both spouses in the acquirement of family property or joint ownership of property e.g two teachers who are lawfully married may pull their resources to build house , in the event of divorce the court must be able to discern each person’s contribution to simply grant maintenance(money) , it will only equitable and just the woman be granted maintenance or divorce settlement

A woman or spouse who has not by any means make contribution to the family financial progress may Not be granted maintenance(money) the woman must prove her financial contribution for her to be granted ALIMONY as was held in the court case of (Essien v Essien (2009) 9 NWLR ( pt 1146)

QUESTION; what of if a Man tell his wife to be the Manager of his company or not to work or not to look for means of financial live hood, just to stay at home for the management of domestic affairs and take care of the children while the man go to make money does this ground suffice for her not to be granted divorce settlement because no financial contribution was made

The law has made it apt and clear in the illuminating decision of the Court in the case of KAFI v KAFI (1986) 3 NWLR 175 pt 27 that a woman or spouse who help in the managing of the family business can be granted divorce settlement (money), Also a woman who stay at home, just manage the affairs of the family will also be granted maintenance(money) and divorce settlement as was held in the court case of ERHAHON V ERHAHON (1997) 6 NWLR [PT 510] 667 , note that is not self -induced of laziness and indolence it must be an agreement between the man and the woman for the woman to stay at home

MISCONDUCT OF A SPOUSE

Most spouse or women see court marriage as a playing ground to exhibit impulsive conduct, rash behavior , insolence conduct and express high egocentric belief never to apologized for egregious faux pas , some ladies ignorantly held on to the idea that they free to do anything they like in marriage on ground that they are protected by the court, that they must be granted divorce settlement in case of divorce . the COURT have held that a woman whose misconduct lead to irreconcilable difference that warranted for divorce or commit adultery can NOT be granted divorce settlement[ money] as was held in the case AJAYI – AJAYI v AJAYI- AJAGBE [1978]CCHCJ 193
Taking a look at the above factors the court will considered to grant divorce settlement ,if jeff bezzoes case where to address in Nigeria { LEX FORI} the woman contribution to the Amazon company will have entitle to even have more than that divorce settlement g

AVOIDING THE UNCERTAINTY OF GRANT OF DIVORCE SETTLEMENT OR MAINTENANCE

One thing about the grant of divorce settlement and grant of maintenance is according to judge discretion, which they must have exercised judiciously and judicially most of all having regard to equity and fairness , there is no mathematical ascertainment of property and contribution , there are likely hood this divorce settlement may favour one party over the other party , that is the more reason you need a lawyer. the party who may likely lose in the event of grant of divorce settlement need his LAWYER to draft
PRENUPTIAL AGREEMENT – Any person who want to contract Any form marriage should informed his lawyer to draft this pre –nuptial agreement. The agreement is made before they contract court marriage it ,simply state on how property is to be shared in the event of divorce ,it can also be drafted while the marriage is subsisting

CONCLUSION

One truth been established in this article that Court marriage is not a gold mining field where gold digger will come to harvest as the like ,court marriage is not an insurance company that will pay a woman indemnity , any woman lady reading this article that is not contributing any thing to marriage should better have a rethink so as not leave your husband house with one skit and blouse ,in the event of divorce , you must work and contribute to the financial progressof the family , for men who always prevent their wife from engaging in any means of live hood ,should also have a rethink so as not to legally suffer , above all always get lawyer to draft pre-nuptial agreemenmt before marriage , do not be blinded by love that will eventually fade out like will o the wills not to get a lawyer to draft pre -nuptial agreement.

Article by Ehidiamen O.Destiny Esq, Uromi Abuja based lawyer, O7064200330, ehidiamen123@gmail.com