Welcome to our FAQ page. Below are answers to some of the most common questions we receive. If you don’t see your question here or need more specific guidance, please feel free to contact us directly.
There are three kinds of marriages: marriage under the Act, customary marriages, and Islamic marriages.
Under Nigerian laws, it is prohibited to marry someone of the same gender. Marriage is only allowed between a man and a woman.
Yes, you can. However, the written consent of your spouse's father is required. If the father is deceased, of unsound mind, or absent from Nigeria, then the consent of your spouse's mother is required. If both parents are deceased, of unsound mind, or absent, then the consent of your spouse's guardian is required.
If you marry under the Act, you are prohibited from marrying more than one spouse at a time. However, both customary and Islamic marriages permit polygamous marriages.
For a marriage to be valid under the Act, it must be celebrated before the Registrar of Marriages (Registry) or in a licensed place of worship. If your marriage is not celebrated in a Marriage Registry or a licensed place of worship, then it will only be considered a customary marriage.
In practice, some people celebrate multiple kinds of marriages. This is referred to as double-decker marriages. If you celebrate multiple modes of marriage, the rules governing marriage under the Act will prevail over other kinds of marriages (except for Islamic Succession Laws).
No form of marriage is superior to the others. However, your needs, faith, and values should determine which kind of marriage you choose. For example, while Islamic and customary marriages may support polygamy, marriages under the Act are monogamous. Dissolution of marriages under the Act is also more complex and procedural compared to other forms of marriages.
Only one certificate is issued to the couple. Section 28 of the Marriage Act provides that after filling the marriage certificate, both the couple and their witness shall sign. The Registrar then delivers one certificate to the parties and keeps the counterfoil in the Registry. However, if you need an extra copy, you can apply for the certified true copy of the certificate.
For marriages under the Act, the marriage certificate or a certified true copy is generally accepted as proof of marriage. For customary marriages, there is usually no documentary proof, but Section 30 of the Births, Deaths, etc. (Compulsory Registration) Act requires the registration of customary marriages in the nearest customary court within 30 days. If this law is complied with, you can rely on the certified true copy of the registration documents as proof of a customary marriage.
A marriage is void if either the husband or wife is already lawfully married to someone else at the time of the marriage.
A marriage is also void if either party is within the prohibited degrees of consanguinity or affinity. Additionally, a marriage is void if it is not valid under the law of the place where the marriage takes place, due to failure to comply with legal requirements for solemnization.
A marriage is also void if consent was obtained through duress, fraud, mistaken identity, or if one of the parties is mentally incapable of understanding the nature of the marriage contract.
Finally, a marriage is void if either party is not of marriageable age or if both parties knowingly and willfully consent to a marriage celebrated outside the office of a registrar of marriages or a licensed place of worship.
A marriage is considered voidable if, at the time of the marriage:
During the pendency of your marriage under the Act, you cannot celebrate a valid marriage under customary law. Likewise, during the pendency of your customary marriage, you cannot marry under the Act.
No. Marriage is a civil union between two living persons. A marriage under the Act cannot be celebrated between a living person and a deceased person. Any customary practice that promotes such an act can also be challenged as being repugnant to public policy and incompatible with extant laws.
Childbirth is not synonymous with marriage. However, the marital status of the parents does not affect the rights and benefits of a child. A child born outside of wedlock is regarded as a child with full rights and benefits, just like a child born inside wedlock.
No. This is becuase marriages under the Act are celebrated in the presence of each other and witnesses before the Registrar of Marriages or an Officiating Minister. Moreover, matters of marriages are excluded from electronic signatures. Remote marriages may be possible under customary marriages
Generally, no. You cannot file for divorce within the first two years of marriage unless your spouse has refused to consummate the marriage, or has committed rape, sodomy, or bestiality. In the absence of these exceptions, you must obtain the court’s permission before filing for divorce.
No. In Nigeria, divorce is not done by merely signing papers. You must file a petition and prove to the satisfaction of the High Court that the marriage has broken down irretrievably.
No. You can file the petition in any High Court of any state, provided you are domiciled in Nigeria.
You must prove that the marriage has broken down irretrievably. This can be established through any of the following:
This includes rape, sodomy, crime, imprisonment, constant intoxication, bestiality, refusal to obey court orders, and serious criminal offenses.
This is a court order relieving spouses from the obligation to live together without dissolving the marriage itself.
You can apply for a decree of restitution of conjugal rights, supported by a written request to your spouse (unless special circumstances exist).
If they do not comply within one year, this can be used as a ground to seek divorce. The order itself cannot be enforced by attachment.
No. Nigerian law does not recognize consent divorce. You must prove that the marriage has broken down irretrievably. The court disapproves of any form of collusion or condonation.
Yes. However, the co-adulterer must be joined in the petition.
Yes. The court may award damages if the adultery is proven, was not condoned, and occurred within the last three years.
You must wait until the decree nisi becomes absolute—typically after three months—before remarrying.
File a caveat with the Registrar of Marriages to stop the celebration of the marriage. The matter will be referred to the High Court.
You may seek a jactitation of marriage order to prevent false claims of marriage. Granting the order is at the discretion of the court.
In Lagos State, it is an offence to neglect responsibility for a child after impregnating a woman. Costs can also be recovered through the court.
No. Your health status and details are confidential. They are protected by the National Health Act and the Data Protection Act. It should not be revealed to third parties without the subject's consent.
Title in landed properties can either be legal or equitable. This would be determined upon review of the legal documents surrounding the title
A Survey Plan is not a title to land and does not necessarily confer ownership. Its purpose is to delineate the boundaries and identify the size of the land. Possessing a survey plan does not equate to ownership.