ARE YOU LEGALLY MARRIED
Eunice Olatunjin(LLM, MBA, LLB)
INTERNATIONAL ADR SPECIALIST | CROSS-CULTURAL NEGOTIATOR | ASPIRING SCOTTISH SOLICITOR | LEGAL EXPERT| PUBLIC SPEAKER| TRAINER |NOTARY PUBLIC
As we enter the 'ember' months many would be getting married and some prayer line has changed to " I must not end the year single". Some actually believed they are married perhaps because they wore a wedding dress and some minister or clergy pronounced them as husband and wife.
This write up would use the case study of Chioma and Ada. Chioma married Emeka under the Igbo Traditional Law in 2009 and married Ada in 2015 at the Marriage registry, the question is, who is the legal wife.
The Legal wife is Chioma our law specifically provides that whoever contracts a marriage under Act (at the Marriage Registry or licenced place of worship ) being at the time married in accordance with customary law to any person other than the person with whom such marriage is contracted, shall be liable to imprisonment for five years. NO one can validly contract another marriage while there is an existing marriage be it under the Customary Law or the Act.
A marriage is invalid:
1. Where either of the parties at the time of the celebration of such marriage is married under customary law to any person other than the person with whom he/she sought to be married to.
2. Where both parties knowingly and willfully acquiesce in its celebration:
i. in any place other than the office of the registrar of marriages or a licenced place of worship(except where authorized by the license issued to him/her by the relevant minister) or
ii. under false name or names; or
iii. without a registrar’s certificate of notice or licence dully issued by the relevant authority; or
iv. by a person not being a recognized minister of some religious denomination or body or a registrar of marriage
In conclusion, ignorance of the law is not an excuse. It is not all place of worship that are licenced for celebration of marriage and it is also not all clergy that are qualified to conduct marriage. Before committing your self and resources in any relationship and or celebration, ensure that the right processes and requirements are met so as to avoid regrets.
Managing Attorney at IVYCREST ATTORNEYS, APC
5 年Great article. I think there is a concept called common law marriage which and in some cases allow parties that may have violated any of the foregoing you have mentioned to be considered as married. This is common for asset purposes
Specialist and Senior Tax Consultant at KPMG Canada
5 年I love how short and precise this is. Well done.