The Disadvantages of Marriage Under the Act.

The Negative Impact Of Marriage Under the Act.

The Nigeria law recognizes three marriage system and they are the Statutory law, Customary law or Islamic law. In this piece, we will be writing about statutory marriage in our present days and how people see marriage under the act as a shield especially young ladies getting married because they think it will prevent their husband from doing some certain things.

  Nevertheless, marriage under the act can offer many benefits, but it also comes with several potential disadvantages. A statutory marriage is one that is essentially monogamous in nature, this means that a man can only be married to one woman and a woman can only be married to one man at a time. In Nigeria, statutory is one that is essentially monogamous in nature, this means that a man can only be married to one woman and a woman can only be married to one man at a time. In Nigeria, statutory marriage must start from the marriage registry but can end up in a licensed place of worship or at any other licensed public place.

What Is The Legal Frame Work Of Statutory Marriage?

Statutory marriage in Nigeria is governed by the following provision;

1. The matrimonial causes Act; A federal law that regulates and determine matters arising from statutory marriage in Nigeria including divorce, separation, custody and maintenance.
2. The marriage Act: A federal law that regulates the contracting and celebration of statutory marriage in Nigeria.
3. The Matrimonial causes Rules: A rule of court (High courts in Nigeria) made pursuant to the matrimonial causes Act for management and determination of cases arising from statutory marriage in Nigeria.

Marriage under the act have so many consequences that both men and women have to take note because it is a marriage solemnized according to law. The bride and the groom can directly submit a court marriage application to the marriage officer to get their marriage certificate.

Consequences of Marriage under the Act.

The Consequences includes;

1. Bigamy

Any man getting married under the act should be aware of an offence called “Bigamy”.

   In Nigeria, Bigamy is a criminal offense, punishable by imprisonments and it is regulated by the Criminal Code and Penal Code depending on the State. It is having two or more spouses simultaneously and is punishable by imprisonment for a term that can extent to seven years, along with a potential fine.

   Anyone having husband or wife living, marrying in any case in which such marriage is void by reason of is taking place during the life of such husband or wife and is guilty of a felony and is liable to imprisonments for seven years.

   It is not enough if you think you will be cheating on her since you can’t marry another woman. If you are caught  with a solid evidence, Section 31 of Matrimonial Causes Act will deal with you. Which provides that;

    “A party to a marriage can claim damages for adultery if such act is not condoned and was not perpetrated for up to three years before such claim is made”.

In a nutshell, marriage under the act will not allow you to have side chicks with peace of mind.

 2. Divorce.

Don’t forget it is the law governing your marriage, so there are many things you will not be able to do as couples. If you like return all the bride price or the gift your husband have bought for you, if you don’t go to court for proper divorce case you are still legally married. This is Marriage under the act, any dispute among spouses you will have to go to court because it is statutory marriage. Divorce proceedings might be complicated if their are children.

 3. Legal Recognition.

Couples who conduct their marriage under the act should be aware that parties are entitled to the same rights and benefits such as inheritance, rights, tax and right to make medical decision for one another. There is nothing like husband is the head of the family, all right are equal before the law. Any help from the two parties to acquire properties, it will be considered as acquisition of that property during divorce unless and until there is prenuptial agreement.

   4. Inheritance.

Marriage under the act also have implications for inheritance, lf one dies before writing a will. Make a will today if your marriage is under the act. It is the wisest estate decision making. Imagining working hard for your children and you didn’t write a will, what would happen to your estate if you pass away? Don’t you know the best way to guide your estate is by making a will? It prevent an un-intended person from inheriting your properties. Those family members you think are nice, you don’t know who they will turn to be in future. Don’t give your children life into chance. Make a will today.

5. Custody of a child.

This is the most dangerous reason under marriage act because when the marriage ends in divorce another problem is how the children will be distributed among couples. Most times in Nigeria court, the court give the custody of children to their mother especially when the children are underage. This May seems to be partial on the side of the father if he happen to be a loving father, who loves his children and want his children to be with him always. This can also be complicated and emotional process, because the parties will be ask to made agreement of the custody of their children. The father will be taking full responsibility of those children because they are still your children even if their mother re marry.

Final thought.

When it comes to marriage, love is undoubtedly a cornerstone but practicality should not be ignored. Marriage under the act is easy, very cheap, it appears favorable but it is technical.

Hence, marriage act has the advantages too, but the disadvantages have not being well considered well by couples. Many new couples see marriage under the act a shield but it can come as sword. If care is not taking.