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Muna Tengi
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How To Get Married Legally In Nigeria
Marriage is one of the most important and cherished milestones in life. In Nigeria, as in many countries, there are legal procedures to follow to ensure that a marriage is recognized by law. This guide provides a detailed overview of how to get married legally in Nigeria, whether through a civil or religious process, and explains the key requirements and steps involved.
Types of Legal Marriages in Nigeria
In Nigeria, marriages are governed by different laws depending on the type of marriage. The two most common types of legally recognized marriages are:
- Statutory (Civil) Marriage – Governed by the Marriage Act.
- Customary Marriage – Governed by native laws and customs.
- Islamic Marriage – Governed by Islamic law and recognized in states that practice Sharia law.
This guide focuses on statutory marriage (also known as civil marriage), which is recognized nationwide and provides legal protection to the spouses.
Step-by-Step Guide to a Statutory Marriage in Nigeria
To get married legally in Nigeria, a couple must follow the process outlined under the Marriage Act. Here is a breakdown of the steps involved:
Step 1: Visit the Marriage Registry
The first step in getting married legally in Nigeria is to visit a Marriage Registry in the area where one or both parties reside. There are several registries in local government areas, as well as the Federal Marriage Registry in Ikoyi, Lagos.
You must submit an Intention to Marry (Notice of Marriage), which is an official form that notifies the government of your plan to marry. This notice is usually posted on the registry's notice board for a minimum of 21 days to allow for any objections.
Documents Required:
- Valid means of identification (e.g., National ID, International Passport, Voter’s Card, or Driver’s License).
- Birth certificates or age declarations (to prove that both parties are of legal age—18 years or older).
- Passport-sized photographs.
- Evidence of the dissolution of any previous marriage (if applicable), such as a divorce decree absolute or death certificate of a former spouse.
Fee: There is usually a minimal fee associated with submitting the Notice of Marriage, which varies depending on the registry.
Step 2: Obtain the Registrar’s Certificate
Once the 21-day waiting period has passed and there are no objections to the marriage, the couple can proceed to obtain the Registrar’s Certificate. This certificate is a crucial document that gives legal permission for the marriage to take place.
However, if a couple cannot wait for the full 21-day notice period, they can apply for a Special License, which allows them to bypass this requirement. This option is often used in cases of urgency but comes with an additional fee.
Step 3: Choose a Wedding Venue
In Nigeria, statutory marriages can either take place at the Marriage Registry or at a licensed place of worship (such as a church). However, it's important to note that not all places of worship are licensed by the government to conduct statutory marriages, so couples must ensure that the venue has the necessary authorization.
If you choose to have the ceremony at a registry, a court official (registrar) will officiate the marriage. If it is at a licensed place of worship, an authorized religious leader will conduct the ceremony, but a registrar must also be present to sign the marriage certificate.
Step 4: The Marriage Ceremony
On the day of the marriage, the couple will exchange vows in front of witnesses and sign the Marriage Register. At least two witnesses (one for each spouse) must be present at the ceremony. These witnesses will sign the register alongside the couple and the officiating officer.
The signing of the register is the official act that legally binds the couple in marriage under Nigerian law. The couple will then be issued an official Marriage Certificate by the registrar.
Step 5: Receive Your Marriage Certificate
After the marriage ceremony, the couple will receive a Marriage Certificate. This document is proof that the marriage is recognized by law in Nigeria. The certificate contains important details such as the names of the couple, the date of the marriage, and the location where the marriage took place.
Important Considerations for a Statutory Marriage
1. Monogamy
Statutory marriage in Nigeria is monogamous, meaning that it legally permits only one spouse. If either party enters into another marriage while still legally married under the Marriage Act, they may be charged with bigamy, a criminal offense punishable by law.
2. Validity of Customary and Religious Marriages
While customary and Islamic marriages are legally recognized in Nigeria, they do not always offer the same level of protection as statutory marriages, especially in terms of inheritance rights and property ownership. This is why many couples who undergo traditional or Islamic marriage ceremonies also opt for a civil (statutory) marriage to ensure their union is fully protected by the law.
3. Marriage Under Special Circumstances
Couples who are already living together as husband and wife under customary law can still choose to convert their union into a statutory marriage by following the procedures outlined above. This process is known as marriage conversion.
4. Marriage in a Different Location
While the law typically requires that the marriage takes place in the same local government area where the Notice of Marriage was submitted, a couple can marry in a different location by obtaining a Special License. This license grants permission for the wedding to be conducted outside the usual jurisdiction.
Conclusion
Getting married legally in Nigeria involves following a specific set of procedures designed to protect both spouses under the law. A statutory marriage offers numerous advantages, including legal recognition nationwide and protection against bigamy. By following the steps outlined in this guide—submitting a Notice of Marriage, obtaining a Registrar’s Certificate, choosing a legal wedding venue, and conducting the marriage ceremony—a couple can ensure that their union is fully recognized under Nigerian law.
Whether you're planning a simple registry ceremony or a grand wedding in a licensed church, understanding the legal framework is essential for ensuring that your marriage is valid and protected. By adhering to these legal requirements, you can begin your married life with the peace of mind that your union is officially recognized by the Nigerian government.
FAQs
1. What is the minimum age for getting married in Nigeria? The minimum legal age for marriage in Nigeria is 18 years.
2. Can a foreigner marry a Nigerian citizen? Yes, foreigners can marry Nigerian citizens, but additional documentation, such as a letter of attestation from the foreigner's embassy, may be required.
3. What is the penalty for bigamy in Nigeria? Bigamy is a criminal offense in Nigeria, and it carries a punishment of up to seven years in prison under the Marriage Act.
4. Is a statutory marriage the same as a traditional marriage? No, a statutory marriage is governed by the Marriage Act and provides legal protections under Nigerian law, whereas a traditional marriage is governed by local customs and practices.
5. Can a customary marriage be converted to a statutory marriage? Yes, couples can convert their customary marriage into a statutory marriage by following the procedures outlined in the Marriage Act.
By understanding these steps, you will be well-prepared to navigate the legal requirements for marriage in Nigeria and ensure that your union is officially recognized.
