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
