GET - THE LEGAL EFFECT OF CUSTOMARY MARRIAGE IN NIGERIA, Largest Undergraduate Projects Repository, Research Works and Materials. The specific objectives of this study are: i. Many governments accept in principle the existence of customary international law . The CRA specifies that the "best interests of the child" should be central to all actions, and it defines a child as a person under the age of 18. Monogamous means the practice or belief in monogamy. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. FAMILY LAW - MATRIMONIAL CAUSES: - Sec. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the . Conclusion. Women and Justice Administration - Pregnant woman who left an existing customary law 'marriage' for another - Where both unions are declared invalid by court - Effect on rival claims pertaining to paternity and custody of child - Whether Court can order an adult woman to live with a lover/husband against her will - Women and . aldi international expansion; neuropsychological testing examples. 1.1. However, it is a common practice in Nigeria that a single couple may conduct at least 3 types of . This study would examine relatively recent publications in books, newspaper articles and unpublished theses relevant to the study data that would be collected, organized and analyzed critically. However, under customary law marriage is defined as the union of one man and his wife or wives. 3.1 Anti-Homosexuality and Same-Sex Marriage Legislations in Nigeria . Cohabitation Sexual intercourse Mutual defense Effects in criminal law In the law of contract In the law of tort In citizenship. Please note, it is the only form of monogamous marriage recognised under the Nigerian law). Posted by: . (a)Customary Law There has been an avalanche of definitions of the term customary law by a host of legal writers, scholars and Jurists. The status of a child in relation to his parents has far reaching legal effects. 2. INTRODUCTION. Fist, the relationship into which parties enter solemnizing a statutory marriage is one which is unknown to customary law. 1.1 Definition of Terms. The law supports it. 3.3 Dissolution of Statutory Marriages in Nigeria. This study would examine relatively recent publications in books, newspaper articles and unpublished theses relevant to the study data that would be collected, organized and analyzed critically. However, under customary law marriage is defined as the union of one man and his wife or wives. It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). Nigeria is as pluralistic in her legal systems as she is in ethnic make ups. Essentially, it can be said there four major types of marriage that can be conducted in Nigeria. fl . The features referred to as essential requirements of a customary marriage include: i. Parental consent ii. One system is based on English law and celebrated in accordance with the Marriage Act (1958), Cap M6, Laws of the Federations of Nigeria 2004 (which hereinafter will be referred to as statutory marriage) while the other is based upon 'native law and custom' or more simply 'customary law'(which hereinafter will be referred to as traditional/customary marriage) To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. For a traditional, customary or marriage under native law and custom to be valid in the eyes of the law in Nigeria, various features must be present and these includes: 1. In . There are four (4) main types of marriages in Nigeria. A "customary law marriage allows the husband to validly marry other wives under it".18 One of the reasons why people engage in polygamous marriage in Nigeria according to Jonnson19 is that: Polygamy enables all females to marry and safeguarded widows by "widow inheritance" so This is one reason why child marriages happen in Nigeria. Customary laws vary from community to community but, The growth and development of contemporary society in Nigeria and present social, political and economic pains (particularly in an economy in recession),being inflicted on per second dosage on most Nigerians have had grave or adverse effect on the life span and sustenance of marriages in . The institution of marriage is perhaps the oldest form of human interaction and indeed the root of the family and society. The law supports marriages of people … 4. 3.1 Distinction between void and voidable marriage. 3. EFFECT OF STATUTORY MARRIAGE WHEN PRECEDED BY CUSTOMARY MARRIAGE WITH ANOTHER PARTY IN NIGERIA. This study critically examines of legal implications of same-sex marriage (Prohibition) Act, 2013 on customary "female husband marriage" or "woman-to-woman marriage" in Nigeria. aldi international expansion; neuropsychological testing examples. The consequence of this "legal pluralism" is the complex interplay between Common Law, Statutes and Customary law, which in some cases had resulted in serious conflict of law issues domestically. 2.6 Formal Validity of Marriage . Does it involve, wholly or in part, the renunciation of The law supports it. At the time of marriage, it is likely that neither of the parties envisages the possibility of dissolution of . Prior to a thorough study of what marriage is and what it entails, it is very pertinent to point out that marriage as most of us know is a contract between a man and a woman, conducted by due process of law, be it statutory or customary, by which a man and woman agree to live together during their joint lives. It is uncertain whether the statutory marriage supersedes, for all intent and purposes, the previous customary-law marriage, or if the customary law marriage is merely put into abeyance to retrieve after the subsequent statutory marriage has come to an end. b) Marriage, under both the customary law and the Marriage Act, is a contract whereby the bride and the bridegroom enter into legal relations involving rights and obligations. It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.. The Legal Effects Of Customary Law Marriage In Nigeria Chapter One Introduction 1.1 Background of the Study Marriage is a universal institution recognized and respected throughout the world. In sum, a statutory marriage (often called court marriage) in Nigeria is a union of a man and woman as defined by the Marriage Act. The family is a basic social unit which consists of a husband and wife and their children. It follows that a child conceived and born outside . However, whereas the contractual ele Recognition of Customary Marriages Act 120 of 1998 was referred to- highlighting the paramount importance of consent between parties in order for a marriage to be valid. 3.2 Dissolution of Customary Law Marriage in Nigeria. They shall be taken one by one. Customary Marriage It has been defined by as, "a union of a man and a woman for the duration of the woman's life, being normally the gist of a wider association between two families or set of families…"3 The place to get a divorce in Nigeria is either in the High Court for statutory marriages or the Customary Court for customary marriages. Eroneous and regrettable because, customary law marriage has the 68 . customary marriage divorce in nigeria. In some parts of Nigeria, customary law confers on the husband a right of action for damages against a third party who commits adultery with his . Mudzuru & Anor v Minister of Justice, Legal & Parliamentary Affairs N.O. (1) An appeal from the court below shall be entered by the Appellant and the, notice of such appeal shall be duly signed by appellant, or by a legal practitioner if a legal practitioner is representing the appellant. 9(1) (b) (iii) of the Act of the Matrimonial Causes Act, 1961 - Petition for nullification of marriage on ground of recurrent attacks or fits of insanity or epilepsy - Distinction between lack of capacity to enter into a contract of marriage and legal effect arising from this: that on the day of . Age iv. The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone . Consortium which includes; ccsm Change of name. This book examined the issues involved with the crime of bigamy in Nigeria.This book is a comprehensive report on the offence of Bigamy in Nigeria. What is the legal effect of such a marriage between a man and a woman who have hitherto been subject to native law and custom? . The specific objectives of this study are: To define marriage, types of marriage in Nigeria. Marriage was defined in hyde vs. Hyde 1 as, the voluntary union for life of and woman to the exclusion of others. Bigamy is also prohibited by the statutory laws of these states. Ordinance, 1884, of the Colony of Lagos-that is, in effect, a monogamous marriage according to the general law of Nigeria. Title/Topic: THE LEGAL EFFECT OF CUSTOMARY MARRIAGE IN NIGERIA » VIEW MORE LAW UNDERGRADUATE PROJECT TOPICS, RESEARCH WORKS . Download Undergraduate Projects Topics and Materials Accounting, Economics, Education . CHAPTER ONE. Under the Common Law, a child born in lawful wedlock is presumed legitimate unless the contrary is proven. Customary law of marriage in Nigeria. To define marriage, types of marriage in Nigeria. Customary Marriage It has been defined by as, "a union of a man and a woman for the duration of the woman's life, being normally the gist of a wider association between two families or set of families…"3 The place to get a divorce in Nigeria is either in the High Court for statutory marriages or the Customary Court for customary marriages. Only women and men will be discussed . The purpose of this article is to examine and analyse the concept of "double-decker" marriages in Nigeria and to determine if there is in law, a double-decker marriage. These include the statutory marriage; customary marriage; church marriage; and Islamic marriage. 1.3. The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and. Bride ―price, or ―gift, or ―symbol v. Prohibited degrees of consanguinity and affinity vi. Marriage is a union of a man and woman to become husband and wife. This is one reason why child marriages happen in Nigeria. Customary law, on the other hand, permits polygamy, this type of marriage being a firmly entrenched customary law institution. "Lawful wedlock" means lawful/valid marriage (whether Statutory, Customary or Islamic). 3.5 Return of bride price and the right to re-marry. In Nigeria, marriages are contracted in various ways which include statutory marriage, customary marriage and Islamic marriage. Second, marriage under the Marriage Act clothes the parties ti it's rights and obligations which are unknow to the customary law. 1.6 Definition of Terms Marriage 77. The Marriage Act is not the exclusive law governing statutory marriage and its validity in Nigeria. CONSORTIUM A number […] Customary international law is an aspect of international law involving the principle of custom. The court held that the ceremony of the 17th September was merely the blessing of a customary law marriage, and therefore did not constitute a marriage.
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