YOU AND THE LAW (Series 3) Marriage Under the Act vs. Customary Marriage — Which One Protects You More? By Dr. Odimientimi Agbedeyi

 

YOU AND THE LAW (Series 3)

Marriage Under the Act vs. Customary Marriage — Which One Protects You More?
By Dr. Odimientimi Agbedeyi

In Nigeria, marriage is not just a union between two people — it’s a legal institution that comes with rights, responsibilities, and protections recognized by the law. But not all marriages are created equal in the eyes of the law.

The most common question many couples ask is:

“What’s the difference between Marriage under the Act and Customary Marriage — and which one gives me better protection?”

Let’s unpack this question and understand how both systems work under Nigerian law.

⚖️ 1. Legal Basis

Nigeria operates a plural legal system, meaning both statutory law and customary law are recognized.

Under this system, two major types of marriages exist:

  1. Marriage under the Act (Statutory or Ordinance Marriage)

    • Governed by the Marriage Act (Cap M6, Laws of the Federation of Nigeria 2004) and the Matrimonial Causes Act (MCA).

    • Conducted in a licensed registry or a church registered under the Act.

    • It is monogamous — one man, one wife, for life (unless dissolved by a court).

  2. Customary Marriage

    • Governed by traditional customs and native laws of the ethnic group where it is performed.

    • Conducted according to customary rites — including payment of bride price and consent of families.

    • It is potentially polygamous — a man may marry more than one wife.

💍 2. Nature of Each Marriage

Feature Marriage Under the Act Customary Marriage
Type of Union Monogamous (one man, one woman) Polygamous (man can have several wives)
Governing Law Marriage Act & Matrimonial Causes Act Customary Law & Native Traditions
Place of Marriage Registry or licensed church Family compound or traditional setting
Witnesses Required At least two Family elders and witnesses of both families
Registration Legally registered and documented Often informal, sometimes unregistered
Proof of Marriage Marriage Certificate Evidence of bride price, witnesses, photos, or testimonies
Dissolution Process Only by a court of law (formal divorce) By traditional council or family elders
Inheritance Rights Clearly defined under statutory law Depends on community customs
Legal Protection (for spouse) Stronger — backed by court recognition Limited — depends on custom and local practice

⚖️ 3. Legal Recognition and Protection

Marriage Under the Act

A marriage conducted under the Marriage Act is fully recognized by Nigerian courts. It provides the strongest legal protection to both husband and wife because it creates enforceable marital rights and obligations under the Matrimonial Causes Act.

For instance:

  • The spouse is legally recognized as next of kin.

  • The marriage certificate serves as legal proof in court or official transactions.

  • Upon death, the surviving spouse has clear inheritance rights.

  • It provides strong protection against bigamy, as marrying another person while still legally married is a criminal offense under Section 370 of the Criminal Code.

Customary Marriage

While customary marriages are also legally valid, their protection depends heavily on tradition and documentation. Some customs still do not fully protect women’s property or inheritance rights.

For example:

  • A woman may lose inheritance if her husband dies, depending on the custom.

  • Divorce is often handled by family elders, not a court, leaving room for bias or lack of due process.

  • Polygamy means the husband can lawfully marry additional wives.

However, under modern Nigerian jurisprudence, customary marriages are recognized in many legal proceedings — especially when there is evidence of proper rites and family consent.

👩‍⚖️ 4. When Customary Marriage Meets the Law — The “Conversion” Option

A man and woman married under customary law can later decide to convert their marriage to a statutory marriage.

This is done by registering the union under the Marriage Act, making it monogamous and fully recognized in law.

Once converted, the marriage becomes exclusive, meaning neither party can legally contract another marriage under any system unless the statutory marriage is formally dissolved in court.

💔 5. Divorce and Legal Remedies

Aspect Marriage Under the Act Customary Marriage
Divorce Grounds Must prove “irretrievable breakdown” under MCA (e.g. adultery, desertion, cruelty) Based on customary grounds like infertility, infidelity, neglect, etc.
Who Grants Divorce High Court of competent jurisdiction Family elders or customary court
Property Sharing Governed by equity and court orders Determined by tradition — often favors men
Child Custody Based on best interest of the child Determined by custom or clan decisions

💡 6. Which One Protects You More?

From a legal standpoint, Marriage Under the Act offers greater protection — especially for women and children.

It ensures:

  • Equal legal status for both spouses

  • Clear inheritance and property rights

  • Court-supervised divorce proceedings

  • Protection against forced or polygamous unions

  • Legal recognition across Nigeria and internationally

Customary marriage, though respected and valid, relies heavily on family and community values. While it upholds cultural heritage, it often lacks the formal legal safeguards found in statutory marriages.

🕊️ Moral Lesson

Before you say “I do,” understand what you are entering into — not just emotionally, but legally.
Marriage is both a covenant before God and a contract before the law. Know your rights, protect your future, and choose wisely the system that best secures your peace and dignity.

📜 Bottom Line

Both marriage types are valid in Nigeria, but they offer different protections.

  • If you value legal security and exclusivity, go for Marriage under the Act.

  • If you prefer traditional recognition and cultural continuity, you may choose Customary Marriage — but ensure the rites are properly documented.

⚖️ Coming Next on You and the Law Series:

“Bigamy in Nigeria — What the Law Really Says About Marrying Twice.”

✍️ Authored by:
Dr. Odimientimi Agbedeyi
Legal Awareness Contributor, Global Egberi Media International

Tags: #YouAndTheLaw #MarriageLaw #CustomaryMarriage #MarriageAct #MatrimonialCausesAct #NigerianLaw

📢 Facebook Caption:

💍 LOVE IS SWEET, BUT THE LAW IS STRONGER!
Do you know that not all marriages in Nigeria give equal legal protection?
Discover the difference between Marriage under the Act and Customary Marriage — and find out which one truly protects your rights — in today’s insightful edition of YOU AND THE LAW with Dr. Odimientimi Agbedeyi, only on Global Egberi Media International.

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