Essential Elements Of Statutory Marriage

Marriage is defined by the Act as a union of
one man and one woman to the exclusion of others.
The Nigerian marriage Act, Cap 218 Laws of the Federation 1990, layed down certain requirements before solemnisation of marriage.
The parties of an intended marriage shall sign and give to the registrar of the district in which the marriage is intended to take place a notice in a prescribed form, the registrar shall cause the notice to be entered in the marriage notice book in the registry.
A copy of the notice will be displayed in the registry shall issue his certificate of notice. But the registrar must be satisfied that there is no cause why he should not allow the parties to be married.
According to section 14 0f the marriage Act ; Any person whose consent to a marriage is hereby required, or who may know of any just cause why the marriage should not take place may enter a caveat against  the issue of the registrar certificate, by writing at any time before  the issue thereof the word “forbidden”, opposite to the entry of the notice in the marriage notice book and appending thereto his name and place of abode, and the ground upon which he claims to forbid the issue of the certificate  and the registrar shall not issue his certificate until such caveat shall be removed as hereinafter is provided.
The Act does not specify the actual age or specify for marriage but where either of the party to intend marriage is below the age of 21yrs, parental consent is sort.
Also both parties must consent and the consent must be voluntary as stated in section 3(1) (d) of the matrimonial Causes Act, where consent is obtained by mistake, misrepresentation, duress and undue influence the element of consent stands negated and renders the marriage void for lack of consent.
The Act prohibits degree of consanguity and affinity, that is to say that the Act forbids the marriage between persons related by blood and by marriage.
For instance, Mr. Ayo is married to Mrs. Ayo the Act forbids Mr. Ayo’s brother to marrying Mrs. Ayo’s sister.
(that is an example of degree of affinity). Also the Act forbids one from marrying the grandfathers,  daughters’, daughter (an example of degree of consanguity). The Act also forbids marriage of same sex, and it frowns at bigamy, where customary law marriage precedes a statutory marriage with a different person, section 33 of the marriage Act provides thus: “No marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married by native law or custom to any person other than the person whom such marriage is had.
A marriage shall be null and void if both parties knowingly and willfully acquience  in its celebration in any place other than the office of a registrar of marriage or licensor place of worship(except under section 13 of the Act)  is also voidable if it’s done under false name(s) or without a registrar’s certificate of notice or licence issued under section 13 of the Act duly issued or by a person not being a recognised  minister of some religious denomination or body or a registrar of marriage.

Nkechi Bright Ewere