Customary Marriage And Divorce Procedure In Nigeria – Quick Overview

Customary marriage and divorce in Nigeria are integral aspects of the nation's social fabric, reflecting the traditions, values, and practices of its diverse ethnic groups. These systems operate alongside statutory and religious marriage frameworks, each with distinct features and legal implications. Below is a detailed overview of customary marriage and divorce procedures in Nigeria, exploring their nature, processes, legal recognition, and contemporary challenges.

Nature and Legal Status of Customary Marriage

Customary marriage in Nigeria is a union recognized under the native law and customs of the communities involved. Unlike statutory marriage, which is governed by the Marriage Act and is strictly monogamous, customary marriage is potentially polygamous, enabling a man to marry more than one wife. The validity of a customary marriage depends on compliance with the customs of the parties' ethnic group, and it is legally recognized by Nigerian law as long as it meets these requirements.

Consent is fundamental to a valid customary marriage in Nigeria. Both parties, as well as their families, must agree to the union. The involvement of families underscores the communal nature of marriage in many Nigerian societies, where marriage is seen not just as a union between two individuals but as an alliance between families.

Essential Requirements and Ceremonies of Customary Marriage

While the specific requirements for customary marriage differ among Nigeria's various ethnic groups, several core elements are commonly observed:

• Capacity: Both individuals must have the legal capacity to marry under their respective customs. This typically means they should not be closely related by blood and must be eligible to marry according to local tradition.
• Consent: The consent of the intending couple and their families is essential. Parental or family consent is often a prerequisite, reflecting the collective nature of customary marriage.
• Bride Price and Gifts: Payment of a bride price or dowry is a central feature. This may include money, livestock, drinks, or other items agreed upon by both families. The bride price is a symbol of respect and appreciation, not a purchase of the bride.
• Marriage Ceremony: A traditional ceremony is held in accordance with local customs. Rituals may include prayers, the sharing of kola nuts, and festive celebrations with music, dance, and feasting.
• Witnesses: The presence of witnesses from both families is required to legitimize the union.

Cultural Practices and Symbolism

Customary weddings in Nigeria are vibrant, colourful events that highlight the country's cultural diversity. Notable traditions include:

• "Knocking on the Door" (Introduction): The groom's family formally visits the bride's family to request her hand in marriage, present gifts, and seek their blessing. This event marks the beginning of marriage negotiations and symbolizes respect and unity between families.
• Traditional Attire: Couples wear elaborate outfits that reflect their ethnic heritage, often adorned with beads, headpieces, and symbolic fabrics.
• Feasting and Dancing: Celebrations feature traditional music, dance, and communal feasting, reinforcing social bonds and cultural identity.

Customary Divorce: Process and Principles

The dissolution of customary marriage in Nigeria is governed by the customs and traditions of the locality where the marriage was contracted. Unlike statutory marriage, which requires formal court proceedings, customary marriage can be dissolved informally or through customary courts.

Informal Dissolution:

• Customary marriage may be dissolved without judicial intervention. Either party, often the husband, may initiate the process by expressing the intention to end the marriage.
• A key step is the return of the bride price and marriage expenses to the husband or his family. This act is considered the formal termination of the marriage in many communities.

Judicial Dissolution:

• While informal dissolution is common, it is advisable to seek a formal declaration of divorce through the customary court, especially where disputes pertaining to the welfare of a spouse and children of the marriage arise or for legal documentation.
• The customary court will consider the customs of the parties and may attempt reconciliation before granting a divorce. If reconciliation fails, the court will pronounce the marriage dissolved.

Grounds for Divorce:

• Grounds for dissolving a customary marriage are not codified but generally include adultery, cruelty, desertion, impotence, living apart & desertion, failure to provide for the spouse, and irreconcilable differences, among others. The reason for customary marriage dissolution can involve any issues, as parties are not limited to certain ground and reasons applicable in statutory divorce.
• The process is less formalized than statutory divorce, reflecting the flexible and adaptive nature of customary law. In customary divorce, parties can represent themselves, unlike the divorce of a statutory marriage where a legal representation is crucial.

Comparison: Customary vs. Statutory Marriage and Divorce

Contemporary Issues and Challenges

• Child Marriage: Many customary laws do not specify a minimum age for marriage, leading to the prevalence of child marriages in some regions. While marriage is often delayed until puberty, child betrothal remains a concern.
• Women's Rights: The return of bride price as a condition for divorce can disadvantage women, especially if the husband refuses to accept it or if the woman cannot afford to refund it.
• Legal Recognition: Customary marriages are legally recognized, but lack of registration can create challenges in asserting rights or dissolving the marriage formally.

Conclusion

Customary marriage and divorce in Nigeria are complex institutions shaped by centuries-old traditions, communal values, and evolving social norms. While they provide a framework for marriage that resonates with local identities, they also present challenges, particularly regarding gender equality, legal documentation, and harmonization with statutory law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.