PREPARING
FOR A WEDDING THIS SEASON
A
QUICK LEGAL CHECKLIST: Taking a decision to get a
married and planning a marriage is one of the sweetest things to be involved
in. However the whole ceremony may take months to plan and the ceremony may
take place within a week or a day. However, the decision to live, love and walk
together is a vow that affects our life. So, this is a quick checklist of
things to consider.
AGE:
Are you within the Legal Age? The Marriage Act states that unless a party is
a widow or widower, there is need to obtain the written consent of either the
parents or guardians where such person is under the age of twenty one years.
Consent: Under statutory
marriage or marriage under the Act, parental consent of both the male and
female parties is a legal requirement but only in cases where either or both of
the parties are under the age of twenty one years. The Marriage Act is silent
in relation to the consent of parties themselves but the Matrimonial Causes Act
(MCA), 1970 provides for the consent of the parties, that is, consent obtained
without duress or fraud.
Subsisting Marriage: Parties will lack
the capacity to embark on a statutory marriage if either of them is already
married under the Act to another person and the marriage has not been dissolved
by any court of law. Also, section 33 (1) of the Marriage Act provides that no
marriage in Nigeria shall be valid where either of the parties thereto at the
time of the celebration of such marriage is married by native law or custom to
any other person other than the person with whom such marriage is had.
Kindred and Affinity: Persons intending to
get married must ensure that there is no impediment of kindred or affinity
between them. The list of prohibited degrees of consanguinity and affinity
applies to statutory marriages and it is provided in Schedule 1 of the MCA. A
Registrar will not issue a certificate to marry unless he is satisfied by
reason of a sworn affidavit by the parties that there is no such impediment. A
marriage between two persons who are within the prohibited degree of
consanguinity or affinity is void. Under section 4 of the MCA, where persons
are within the prohibited degrees of affinity and desire to marry, they may
apply in writing to a Judge for permission to do so and if the Judge is
satisfied that there are exceptional circumstances, the Judge may by an order
permit the parties to marry one another.
The
Prohibited Degrees of Consanguinity and Affinity are:
Consanguinity Affinity
Marriage of a man is prohibited if the woman is, or has been
his-
Ancestress
|
Wife's
mother
|
Descendant
|
Wife's
grandmother
|
Sister
|
Wife's
daughter
|
Father's
sister
|
Wife's
son's daughter
|
Mother's
sister
|
Wife's
daughter's daughter
|
Brother's
daughter
|
Father's
wife
|
Sister's
daughter
|
Grandfather's
wife
|
|
Son's
wife
|
|
Son's
son's wife
|
|
Daughter's
son's wife
|
Marriage of a woman is prohibited if the man is, or has
been, her-
Ancestor
|
Husband's
father
|
Descendant
|
Husband's
grandfather
|
Brother
|
Husband's
son
|
Father's
brother
|
Husband's
son's son
|
Mother's
brother
|
Husband's
daughter's son
|
Brother's
son
|
Mother's
husband
|
Sister's
son
|
Grandmother's
husband
|
|
Daughter's
husband
|
|
Son's
daughter's husband
|
|
Daughter-s
daughter's husband
|
The Matrimonial Causes Act further provides that for the purposes
of the Act, it is immaterial whether the relationship is of the whole blood or
half-blood, or whether it is traced through, or to any person of illegitimate
birth.
To be continued…
My references are drawn from the
Matrimonial Causes Act, Cap 220 LFFN, 1990 and Nigerian Marriage Act, cap 218, Laws of the
Federation 1990.
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