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Matrimonial Causes

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Matrimonial Causes

Applicable Statutes

  1. The Marriage Act (MA);
  2. Matrimonial Causes Act (MCA);
  3. Matrimonial Causes Rules, 1983 (MCR).

Types of Marriages in Nigeria

  1. Statutory Marriage (Marriage Act / Registry / Court Marriage);
  2. Islamic Marriage;
  3. Customary Marriage.

Only statutory marriage regulated by the Marriage Act and MCA/MCR is considered here.

Hyde v Hyde (1886) LR 1 P&D 130

Marriage under the Act is “the voluntary union for life of one man and one woman to the exclusion of all others.”

Characteristics of Statutory Marriage

  1. Monogamous - exclusive to the parties;
  2. Voluntary - free informed consent;
  3. Between a man and a woman;
  4. Lifetime relationship (subject to dissolution).

Steps Leading to Celebration of Marriage

  1. One intending spouse signs and gives Notice of Marriage to the Registrar (Form A) - S7 MA;
  2. Registrar:
    • Enters notice in Marriage Notice Book - S10 MA;
    • Affixes copy on outer door of office - remains until certificate granted after 21 days but before 3 months - SS10-11 MA.
  3. Caveat may be entered by anyone whose consent is required or having just cause to oppose - S14 MA.

Caveat Procedure – SS14-17 MA

  • Caveator writes “Forbidden” opposite the entry in the Marriage Notice Book + grounds;
  • Summary hearing by a Judge of State High Court;
  • If grounds not upheld, the Judge crosses out “Forbidden” and writes “Cancelled by order of the High Court” with signature;
  • If upheld, Registrar withholds the certificate.

Issuance of Registrar’s Certificate – S11 MA

The Registrar issues the certificate (Form C) any time after 21 days but before 3 months from the date of notice, on satisfaction by affidavit of:

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