The legal framework
Nigeria recognises statutory marriage under the Marriage Act, customary marriage, and Islamic marriage. A statutory marriage may be celebrated in a licensed place of worship, but only after notice to the marriage registrar and issue of a registrar's certificate. Many church weddings are celebrated without this step, which means the couple are married under customary law only, with very different consequences for property and succession.
Key points
| Statutory marriage | Licensed place of worship or registry, with the registrar's certificate |
|---|---|
| Notice | 21 days at the marriage registry |
| Customary marriage | Recognised; registration varies by state |
| Islamic marriage | Recognised, with Sharia courts in the northern states |
| Consequence | Statutory marriage excludes further customary marriages; customary marriage does not |
| Succession | The applicable inheritance regime depends on which type of marriage was contracted |
| Licence for the place of worship | Without it the church cannot celebrate a statutory marriage |
| Registrar's certificate | Issued after 21 days' notice |
| Succession consequences | Depend on which type of marriage was contracted |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Ask the church to show its licence and the registrar's certificate before the date is fixed.
Where to go
- Marriage registry of the local government area.
- Federal Marriage Registry, Ikoyi, for statutory marriages.
- Legal Aid Council of Nigeria.
Worth knowing
The type of marriage determines the inheritance rules that apply on death. Couples who believe they contracted a statutory marriage, but whose church was not licensed, often discover the difference at the worst moment. Couples who believe they contracted a statutory marriage, but whose church was unlicensed, discover the difference when one of them dies.
Official sources and links
- Nigeria.gov.ng — official government portal