STEPS TO A LEGAL MARRIAGE

STEPS TO A LEGAL ENGLISH MARRIAGE

There are laid down procedures and requirements that must be fulfilled before a marriage can be said to be legal and lawful according to the Nigerian marriage Laws. The Marriage Act of 1949 governs all valid marriages contracted in Nigeria or outside Nigeria (among two Nigerians in the Nigerian High Commission). These steps are essential and sacrosanct.

Couples are required to give notice of their marriage to the Registrar of Marriage in their local Government Area. The Registrar would in turn register such notice in the “Marriage Notice Book” and equally cause same notice to be published on his door and equally cause same notice to be published on his door and notice board at the local government office for twenty-one (21) days. During the 21 days, people are expected to report any reason why the potential couple should not be wedded. Where there is no protest from the public to such intended union, at the expiration of 21 days, the Registrar of Marriages shall issue a Registrars’ Certificate to the couple.

The certificate empowers the concerned couple to go ahead and celebrate their marriage (exchange of vows) within 3 months. Such exchange must be done in public, often in a licensed place of worship (church) and before a registered clergy. (At this stage, people refer to such as “church wedding”). Some couple prefers to celebrate their own marriage (exchange vows) not in a church but in the office of the Registrar of marriages, before the Registrar of marriages and a few witnesses. (At this stage, people refer to such as “Court wedding”). In all the two methods are same, from same origin and with the same legal benefits and responsibilities (it is a matter of convenience).

STEP1:

Giving of  Notice of Marriage to the Registrar Of Marriage:

In Local Government Areas there are Registrars of marriages, who register marriages conducted within the Local Government Areas. The Registrars often have offices in Local Government Area headquarters. The first step to a valid marriage is the giving of notice of marriage to the Registrar of marriages by intending couple. The notice is given by filling and signing a form after payment of a prescribed fee in the office of the Registrar. The Registrar of marriages would cause the notice to be entered in the “Marriage Notice Book” and same published on the outer door of his office and the notice board of the Local Government Area.

After the expiration of 21 days from the day of publication of notice, the Registrar shall issue a “Registrar’s certificate” to the couple, where there were no objections from the public against their proposed marriage. The Registrar’s certificate is a proof that notice of such marriage had been given and that couple should go ahead to celebrate their marriage in any church/mosque or the office of the Registrar. Please, note that certificate can only be issued where the couple is not blood relations and one of the couple has been resident within the Local Government Area of the intended marriage for at least 15 days and none of the couple is below 21 years of age or married to another person.

STEP 2:

Celebrate Marriage In licensed Church or Office

Three (3) months after the issuance of a Registrar’s certificate by the Registrar of marriages, the couple are expected to visit a licensed place of worship (licensed church/mosque building) or stay in the Registrar’s office to celebrate their marriage. Every celebration of marriage in a church must be done between the hours of 8.00 am and 6.00 pm in the presence of at least two witnesses apart from the officiating minister. If it is to be celebrated in the office of a Registrar of Marriage it must be done between the hours of 10.00 am and 4.00 pm with open doors.

If after the expiration of 3 months from the date of issuance of such Registrar’s Certificate, the marriage is not celebrated, all notices and certificate will become void. And, all processes must start afresh for a valid marriage to emanate again.

Celebration of marriage must be either in a licensed place of worship (church/mosque building) under the supervision of registered clergy of the religious body (church/mosque) or in the office of the Registrar of Marriages. Please, be warned that it is not all churches, ministries, prayer centres and outfits that are licensed places for celebration of marriages. Note further, that where a church is a licensed place for celebration of marriage, it is only the recognized minister of the church that can wed people in the church. Hence, for example, it will be illegal for a catholic priest to wed a couple in an Anglican church.

STEP 3:

Signing of Marriage Certificate:

Marriage rites do not end with exchange of vows rather with signing of marriage certificate by the couple before their two (2) witnesses and the officiating minister (clergy). Just like any other contract, what had been orally exchanged must be evidenced in writing via a marriage certificate.

The Registrar of marriages sends “books of marriage certificates” in duplicate and with counterfoils to all licensed places of worship. Immediately, after the celebration of marriage, the officiating priest would provide the book, fill its form and have same signed by the couple, their witnesses and himself. The officiating minister must deliver to the couple their marriage certificate while he retains a duplicate. The duplicate must be sent to the Registrar of Marriages within seven (7) days after the celebration of marriage. The registrar of marriage upon receiving such certificate files it. Couples are advised to make sure that the officiating priest transmits their marriage certificate duplicate to the Registrar of marriages for proper filling.

ADDENDUM

I must state that in special circumstances, the minister of Internal Affairs may issue a License to Marry to couples which will authorise their celebration of marriage at any place/venue they so desire and without a registrar’s certificate but before a recognised clergy or the Registrar of Marriages.  It should be noted that a marriage is invalid if, in the knowledge and willfulness of the couple:

a.      It was celebrated under a false name or names or;

b.      It was celebrated without a Registrar’s certificate or;

c.       It was celebrated in a place other than a licensed place of worship or       the office of the Registrar of marriages or;

d.      It was conducted by a person other than a recognised minister of              some religious denomination or a Registrar of Marriages.

COINED FROM BARR ONYEKACHI UMAH

IFIOK IDEMUDO, ESQ.

C.M. IDEMUDO & CO.

26 OKONGNTEKONG STREET

ETE-IKOT ABASI L.G.A.

AKWA IBOM STATE.

NIGERIA

08068486051