Court Wedding Twice: Is It Legal For Men In Nigeria?

Court weddings, also known as civil marriages, are a common type of marriage in Nigeria. They are governed by the Marriage Act 1914 and are recognised by the Federal Government of Nigeria as proof of a marriage contract between a couple. There are two types of court marriages in Nigeria: ordinary marriages, which are between two Nigerians, and special marriages, which are between a Nigerian and a non-Nigerian or two non-Nigerians. The process of a court wedding involves declaring your intention to marry, filling out a Notice Form or Form A, submitting it with two coloured passport photographs, paying a fee, and swearing an affidavit. The wedding ceremony must take place within three months of the notice being placed and must be conducted between 8 am and 5 pm with two witnesses present. While court weddings offer a more budget-friendly, convenient, and legally secure option, is it possible for a man to do it twice?

What is a court wedding?

A court wedding, also known as a registry wedding, is a legally recognised form of marriage in Nigeria. It is a straightforward process that requires couples to follow a set of steps to legalise their union. Here is a detailed guide on what a court wedding entails:

Steps to a Court Wedding in Nigeria:

• Visit a marriage registry: The first step is to visit any of the marriage registries in the country to inquire about the court wedding process. There are two Federal registries: the Ikoyi registry, which covers Lagos and the southern regions, and the Wuse 2 Registry, which covers the Northern region. State and Local Government registries are also available.
• Obtain and submit a Notice Form: At the registry, you will need to obtain a Notice Form or Form A, which indicates your intention to marry. This form requires details such as names, ages, addresses, occupations, and marital status. Along with the form, you must submit two coloured passport photographs.
• Posting of the notice: The notice will be posted on the registry's Notice Board for 21 days and entered into a Marriage Notice Book, which can be inspected during office hours without a fee.
• Payment of prescribed fees: Once the notice period expires, you will need to pay a fee that varies depending on the registry. Typically, the Registrar will issue a Form C once you have met the criteria.
• Criteria for marriage: The criteria include residency within the district, minimum age requirements (21 years old), written consent from a parent or legal guardian if under 21, no impediments to marriage such as kindred or affinity, and neither party being married by customary law to another person.
• Swearing an affidavit: Both parties must swear an affidavit before the registrar or a recognised minister of religion. The registrar will reiterate the requirements and explain the penalties involved. Violation of any rules, such as bigamy, can result in prosecution and a jail sentence of up to five years.
• Obtaining necessary consent: Once all requirements are fulfilled, the couple obtains the necessary consent for the marriage. The Minister will then issue a certificate and grant a license, known as Form D, authorising the celebration of the marriage.
• Choosing a wedding date: With legal authorisation granted, the couple chooses a wedding date within three months from the date the notice was placed with the registry.
• The wedding day: On the wedding day, the couple is accompanied by their family members and friends. The ceremony is usually brief, lasting around 30 minutes. The Registrar prints the marriage certificates in duplicate, and the marriage is finalised.
• Marriage certificate: The officiating minister fills out the marriage certificate (Form E) and enters the relevant particulars. The certificate is then signed in duplicate by the minister, the couple, and at least two witnesses. The spouses take one copy, and the second copy is sent to the local Registry Office or can be registered by the newlyweds.

Benefits of a Court Wedding:

• Cost-effective: A court wedding in Nigeria costs significantly less than a traditional wedding, saving you money while still providing legal recognition of your marriage.
• Less stressful: Court weddings can be small events with only close family and friends invited. This reduces the stress of planning a large wedding and accommodating a long guest list.
• Legal security: A court wedding provides legal protection for both parties, especially the woman, in the event that things do not go as expected in the marriage. It also protects against practices like bigamy.
• Fast and efficient: Court weddings are typically shorter than traditional or church weddings, lasting around 30 minutes. This saves time and energy for the reception and celebration.
• Flexible dress code: There is no strict dress code for court weddings, allowing couples to wear comfortable and affordable attire of their choice.

What are the types of court marriages in Nigeria?

Court weddings, also known as registry marriages, are a popular choice in Nigeria. There are four major types of court marriages in the country: statutory marriage, customary marriage, church marriage, and Islamic marriage. Here is a detailed breakdown of each type:

• Statutory Marriage: This is also called registry marriage and is recognised by the Federal Government of Nigeria as proof of a marriage contract between a couple. It is a voluntary, monogamous union of one man and one woman, excluding all others, in line with statutes. The statutory marriage is conducted at a court registry or a licensed place of worship (for church marriages). The main laws governing statutory marriages are the Matrimonial Causes Act of 2004 and the Matrimonial Causes Rules made under this Act. The key difference between statutory marriage and other types is that it is monogamous and governed by statutes, whereas other types may involve polygamy and customary or religious laws.
• Customary Marriage: Customary marriage is a union between a man and a woman under customary law, and it also involves both families. Nigeria has numerous types of customary marriages, reflecting the country's diverse cultures. Core features of customary marriage include parental consent, consent of the parties, age requirements, bride price or dowry, and prohibited degrees of consanguinity and affinity.
• Church Marriage: Church marriages are a type of statutory marriage conducted in a licensed place of worship. They follow the legal requirements of statutory marriages but are performed in a religious setting.
• Islamic Marriage: Islamic marriages are similar to customary marriages in that they are essentially polygamous, allowing a man to marry up to four wives. The principal requirements for a valid Islamic marriage are the consent of the parties and their parents, payment of the bride price or dowry, and solemnisation.

It is common in Nigeria for a couple to conduct at least three types of marriages together. For example, a couple may choose to have a customary or traditional marriage, a church marriage, and a court marriage. In such cases, they are considered to have conducted a statutory marriage and can seek legal remedies provided for statutory marriages.

What are the steps to a court wedding in Nigeria?

Court weddings, also known as civil marriages, are legally recognised in Nigeria and are conducted by a government authority such as a marriage registrar. Here are the steps to follow if you're considering a court wedding in Nigeria:

Step 1: Declare Your Intention to Marry

Visit the marriage registry of your choice and notify them of your intention to marry. You will be given a Notice Form or Form A to fill out with details such as your name, age, occupation, and marital status. Submit the form along with two coloured passport photographs.

Step 2: Notice Period

The registrar will then enter your Notice into the Marriage Notice Book and post a copy of the Notice Form on the registry's notice board for 21 days. This period serves as a caveat, allowing anyone aware of the intended marriage to raise any objections.

Step 3: Pay the Fee and Swear an Affidavit

Once the 21 days have passed, you will need to pay a prescribed fee, usually less than ₦25,000, for the marriage certificate. You will also need to swear an affidavit confirming the following:

• Both parties are 21 years of age or older. If either party is under 21, written parental consent must be attached to the affidavit.
• One of the parties has resided in the district where the marriage will take place for at least 15 days.
• There are no hindrances to the wedding.
• Neither party is customarily married to another person.

Step 4: Issuing of Forms C and D

Once the above requirements are met, the marriage registrar will issue Form C, confirming compliance with the requirements and the absence of any lawful hindrances to the marriage. Following this, Form D will be issued, authorising the celebration of the wedding.

Step 5: Choose a Wedding Date and Finalise the Marriage

According to Section 12 of the Marriage Act, the wedding must take place within three months, either by the registrar or in an authorised place of worship. On the wedding day, two witnesses must be present, and the ceremony must be conducted between 8 am and 5 pm. The officiating officer, either the registrar or a recognised clergyman, will present Form E, also known as the marriage certificate. This certificate will include details such as the date of marriage, the names of the couple and witnesses, and the certificate number.

Step 6: Registration of the Marriage Certificate

The final step is to file your marriage certificate in the Marriage Register Book. This marks the official end of the wedding process.

What are the benefits of a court wedding?

A court wedding in Nigeria is a marriage under the Act or a statutory marriage. It is one of two types of marriage recognised under Nigerian law. Here are some benefits of a court wedding:

Legal recognition

Court weddings are recognised by the Federal Government of Nigeria as proof of a marriage contract between a couple. They are protected under the Marriage Act, Chapter 218 of the Laws of the Federation of Nigeria 1990. This means that your marriage is legally valid and recognised by the government and internationally.

Financial benefits

Court weddings are a lot cheaper than traditional weddings. The registration costs just N2,000, compared to around N200,000 for a traditional wedding. You can also save money on wedding outfits, as there is no dress code, and you can choose to have a small reception or no reception at all.

Less stressful

Court weddings are small events, so you only have to invite a few close family members and friends. This also means less stress in terms of planning, and you won't feel the pressure of trying to please everyone.

Legal security

Court weddings offer legal security for both the man and the woman. This means that you are protected by law in the event that things don't go well in your marriage. For example, your partner will need to get a divorce before they can marry someone else.

Time-efficient

Court weddings are quick! The ceremony usually takes around 30 minutes, and the whole process must be concluded within 3 months from the date the notice of the marriage is posted on the marriage registry's notice board.

Equality

In a court wedding, both you and your spouse have equal rights over any property you acquire jointly during your marriage.

What are the requirements for a court wedding?

To have a court wedding in Nigeria, you must follow the requirements outlined by the Marriage Act, Chapter 218 of the Laws of the Federation of Nigeria 1990. Here are the detailed requirements for a court wedding in Nigeria:

Step 1: Visit a Marriage Registry

Firstly, you need to visit any of the marriage registries in the country to inquire about your court wedding. There are two Federal registries: the Ikoyi registry, which covers residents in Lagos, South-South, South-East, and South-West, and the Wuse 2 Registry, which covers residents in the Northern region. Apart from these, there are also registries at the State and Local Government levels.

Step 2: Obtain and Submit the Necessary Forms

You will need to obtain a Notice Form or Form A from the chosen registry, indicating your intention to marry. This form requires details such as name, age, address, occupation, and marital status. Along with the form, you must submit two coloured passport photographs. The form will then be posted on the Notice board at the registry for 21 days and entered into the Marriage Notice Book.

Step 3: Pay the Prescribed Fee

Once the notice period expires, you will need to pay a fee, which may vary depending on the registry. Typically, the Registrar will issue a Form C once you have met the necessary criteria.

Step 4: Fulfill the Criteria

The criteria include:

• One of the parties must be resident within the district where the marriage will take place.
• Each party must be at least twenty-one years old, or written consent from a parent or legal guardian must be provided if under that age.
• There must be no impediment of kindred, affinity, or any other lawful hindrance to the marriage.
• Neither party must be married by customary law to any person other than the intended spouse.

Step 5: Swear an Affidavit

You will need to swear an affidavit before the registrar or a recognized minister of religion. During this process, the registrar will reiterate the above requirements and explain the penalties involved for any violations. These violations include bigamy, providing false information, entering into marriage without the required consent, and more.

Step 6: Obtain Necessary Consents

If there are no breaches indicated, the Registrar will sign a declaration/affidavit confirming that the couple understands the legal implications and has fulfilled all requirements. The next step is to obtain the necessary consents for the marriage.

Step 7: Obtain the Minister's License (Form D)

Once all consents are obtained, the Minister will issue a license, known as Form D. This form authorizes the celebration of the marriage between the named parties.

Step 8: Choose a Wedding Date

With the legal authorization granted, the couple can then choose a wedding date within three months from the date the notice was placed with the registry.

Step 9: The Wedding Day

On the wedding day, the couple, along with their family and friends, will finalize the marriage at the registry. The ceremony usually lasts around 30 minutes. The Registrar will print the marriage certificates in duplicate, known as Form E.

Step 10: Optional Church Ceremony

If the couple wishes to have a church ceremony, it must be conducted in a licensed place of worship under the leadership of an authorized cleric or religious group leader, with a minimum of two witnesses present. The officiating minister will fill out and sign the marriage certificate, which will also be signed by the couple and the witnesses.

Step 11: Registration of Marriage Certificate

After the ceremony, the spouses will take one copy of the marriage certificate, and the second copy will be sent to the local Registry Office, or the couple may register their marriage there themselves.

Frequently asked questions