In continuation of our Legal Marriage Check List, our Focus
shall be on
a. Licensed
Place of worship
b. Marrying
under a false name
c. Marriage conducted
without a Registrar’s certificate of Marriage.
All the above listed points constitute a ground for declaring a
marriage null and void
i.
Licensed Place of Worship: - Section 21 of the
Marriage Act provides that a Marriage may be celebrated
in any licensed place of worship by any recognized minister of the Church,
denomination or body to which such place of worship belongs, and according to
the rites or usages of marriage observed in such church, denomination or body:
Provided that the marriage
be celebrated with open doors between the hours of eight o'clock in the
forenoon and six o'clock in the afternoon, and in the presence of two or more
witnesses besides the officiating minister.
This clearly means if a marriage is
not celebrated in the office of the registrar of Marriage it should be done in
a licensed place of worship. A place of worship where a marriage is to be
celebrated must be licensed otherwise there is a probability the marriage may
be declared null and void. If you are marrying in any place of worship please
confirm that the place is licensed. #talktoyourlawyerifindoubt
ii. Under a false name, or- Where parties marry
under false name may also constitute a ground to declaring the marriage null
and void. There is a reason why once you tell your parents or guardians you are
getting married they want to be sure you are doing the right thing. We like it
or not, they want to investigate and be sure all parties are on the same page.
It is very necessary because marriage as a lifelong contract must be conducted
in all truthfulness.
iii. Without registrar’s certificate of notice.
It is necessary to ensure the registrars
certificate of notice is obtained before the marriage. The granting of a
Registrar’s certificate may be waived by the obtaining of a special licence.
Section 22 of the Marriage Act forbids a minister of religion to celebrate any
marriage until the parties have delivered to him the Registrar’s certificate or
a special license from the governor under section 13.
I will be discussing the types of marriages we have in Nigeria in the next couple of days.
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