A statutory marriage gives the strongest legal protection for Nigerian women.
Here’s what many don’t know:
- You have the right to dignity.
- You cannot be married twice—your husband cannot take another wife.
- Remember Helen Prest Ajayi? She is trying to get a High Court to declare her 25 year relationship to Dr. Ajayi a marriage that entitles her to inherit his estate. Unfortunately for her, Dr. Ajayi did not divorce his wife, Mrs Adenike Oluyemisi Ajayi. It has been established in case law that separation does not equal divorce. But most importantly, so long as there was no divorce Dr. Ajayi lacked the capacity to enter into another marriage, statutory or customary. It doesn’t matter how much evidence Helen presents. Considering she read law, I am shocked. I will follow up with something on what you ladies marrying or just shacking up with divorcees need to know first.
- Property acquired during a marriage will only be considered as joint property if there is evidence that both parties contributed to its purchase or acquisition. Property goes to whoever’s name is on the title document.
- Where is Your Form E Certificate?
- If you married in a registry or licensed church, these rights are yours. Don’t let anyone intimidate you out of them.
- What if you married in a licensed church but didn’t sign the registry and only posed for pictures? What you got was a church blessing to a customary marriage. The conditions of a statutory marriage, such pasting notice of marriage at the registry for public viewing weeks before the ceremony were not met. Too many brides didn’t find out till the day of the wedding. What to do now? Call it off? Depends. If he was deliberately or knowingly deceiving you? I would.
Evidence is Your Shield
- Keep records of the husband’s income, property, and contributions. When men hide their earnings from their wives they know what they are doing. But he will ask you to prove your love by putting the property you buy in his name? Be nosy. After all, aren’t you in in together again?
- The court will not award maintenance beyond the man’s proven earnings.
- Document all your household contributions and agreements. Marriage is a contract before it is a romance.
Hashtags:
#StatutoryMarriage #MarriageAct #WomenAndLaw #Nigeria
References:
- Marriage Act, CAP M6, LFN 1990
- Matrimonial Causes Act (MCA) 1970
- Onwuchekwa v. Onwuchekwa (court looked at conduct + breakdown)
Lawyer Tip:
Get the marriage certificate early. Many cases collapse because women can’t produce this simple document.
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UNiTE 2025 link: When women face marital disputes, their online presence — WhatsApp messages, emails, bank transfers — may be scrutinized. Know what can be used as evidence.
MzAgams 