Difference between statutory marriage and customary marriage?

what is the difference between statutory marriage and customary marriage?

STATUTORY MARRIAGE...
This is a marriage celebrated under the Marriage Act, for example, a marriage at a Marriage Registry or in a licensed place of worship.

It is generally monogamous.
Some of the legal requirements include notice of marriage, the required registrar documentation, consent of the parties, and compliance with the conditions of the Marriage Act.

CUSTOMARY MARRIAGE...
This is a marriage conducted according to the customary law of the parties.

For example, a couple may complete the recognised traditional marriage rites of their community, including the applicable bride price/customary requirements and family rites.

The exact requirements vary from one custom to another.

THE BIG DIFFERENCE
Statutory: Marriage Act = formal statutory procedure + generally monogamous.

Customary: Customary law + traditional rites + potentially polygamous, depending on the applicable custom.

And yes, a couple can have both a customary marriage and a statutory marriage.

But here's where things get interesting..

If you are already married under the Marriage Act, you cannot simply take another wife under customary law.

That is why knowing what type of marriage you actually contracted matters.

Do you know what type of marriage you are in?

Legal knowledge is protection...
Know your right.
Stay informed..
Know what the law say..

LET ME HOLD YOUR HANDS AS I TELL YOU THIS

If a statutory marriage (commonly called a court marriage) has not been dissolved by a court of competent juridiction(HIGH COURT) or ended by the death of a spouse, the marriage is still valid in the eyes of the law.

As a lady, do not agree to marry a man who has not legally ended his existing statutory marriage.

"My wife left me" is not a divorce.

"She returned the bride price" is not a divorce.

"We both agreed to end the marriage" is not a divorce.

"Our families dissolved the marriage" is not a divorce.

If the marriage was conducted at a marriage registry or a licensed place of worship and a marriage certificate(FORM E) was issued, only two things can end that marriage:

Déath of a spouse.

A decree of dissolution(Decree Absolute) by the court.

Not separation.

Not mutual agreement.

Not the return of bride price.

Not a family settlement.

So, if a man who was previously married under the Marriage Act wants to marry you, do not rely on his words alone.

Ask for proof that the previous marriage has been legally dissolved.

No divorce order from the court, no marriage.

Even if the matter is already in court, wait until the court officially dissolves the marriage before proceeding.

Why is this important?

If he diés without a Will(Intestate) and there was no valid divorce, the law will still recognize the first wife as his legal spouse, regardless of how long they have been separated.

The law does not consider emotional investment, sacrifice nor years of cohabitation. The legally recognized wife will still have priority in law.

Please, ladies be wise. Do not waste your youth in a marriage that is not valid in the eyes of the law.

If it is worth doing, it should be done legally.

Law is not based on emotions.

Stay Informed.
Stay protected.
Stay Legally Wise.

IGNORANTIA JURIS NON EXCUSAT.

© Naomi Umeje, Esq.
The Legal Sentinel.

A Customary Court does not conduct a statutory marriage under the Marriage Act merely because it issues or registers a document called a marriage certificate.

A statutory marriage is ordinarily celebrated before a Registrar of Marriages in a recognised marriage registry, or in a licensed place of worship, subject to the formalities prescribed by the Marriage Act.

Sections 27–30 deal with marriage before the registrar, the signing of the marriage certificate and entry in the marriage register.

By contrast, customary marriages are governed by customary law, and their registration may take place through an area court or customary court, depending on the applicable law.

Therefore, the fact that this follower says..
She went to a Customary Court and obtained a marriage certificate for NYSC…
does not, by itself, establish that she contracted a statutory marriage.

There are important questions that must first be answered..

Was there an actual marriage ceremony?
Was a Registrar of Marriages involved?
Were the statutory formalities under the Marriage Act followed?
Was the marriage entered in the official Marriage Register?
What exactly did she sign?
What is the exact name and nature of the document issued by the Customary Court?

Was it a registration of a customary marriage or merely another document obtained for NYSC purposes?

Under section 32 of the Marriage Act, a marriage certificate filed in the registrar’s office, or a certified entry in the marriage register, is evidence of the marriage.

Therefore, you should first establish whether the marriage was actually a valid statutory marriage.

The safest step is...
Obtain a certified copy of the document signed and the relevant register entry from the Customary Court.

That document should be examined before deciding whether there was a statutory marriage.