The Legal Status of a Church Marriage In Nigeria

INTRODUCTION

For many couples, a church wedding is a dream come true. But beyond the beautiful ceremony, flowers, and vows, it is crucial to understand the legal status of church marriages in Nigeria so as to safeguard your rights and ensure your union is fully recognised by law.

In Nigeria, marriage can generally be categorised into three main types:

1. Statutory Marriage (Marriage Under the Act): This is a monogamous marriage governed by the Marriage Act and the Matrimonial Causes Act. It’s often referred to as “court marriage” or “registry marriage”, but it can also be celebrated in a licensed place of worship, like a church.
2. Customary Marriage: This is a marriage conducted according to the customs and traditions of a particular ethnic group. It is polygamous in nature.
3. Islamic Marriage: This is a marriage conducted according to Islamic personal law which is applicable to Muslims. It is equally polygamous in nature.

Having explained the types of marriage in Nigeria, the next question should be, ‘Where do church marriages fit in?’ And is a church wedding automatically a legal marriage in Nigeria?

This is where many people get it wrong. A church wedding, on its own, is NOT automatically a legally binding statutory marriage in Nigeria. It’s a common misconception that simply having a religious ceremony makes your marriage legally recognised under the Marriage Act.

For a church marriage to have legal backing and be considered a statutory marriage, it must meet specific requirements laid out in the Marriage Act. If these conditions are not met, the church blessing, no matter how elaborate or well-conducted, might only be considered a mere religious ceremony or, at best, a customary marriage (if traditional rites were also observed), with different legal implications.

Key Requirements for a Church Marriage to be Legally Valid

For your church wedding to be legally recognised as a statutory marriage, the following crucial elements must be in place:

1. Licensed Place of Worship: The church where the marriage is celebrated must be licensed by the Federal Ministry of Interior to conduct statutory marriages. Not all churches have this licence. You can verify if your church is licensed by enquiring at the marriage registry or checking the Ministry of Interior’s eCitibiz portal.

2. Authorised Minister: The marriage must be solemnised by a recognised minister of that specific licensed church. A minister from an unlicensed church or even a minister from another licensed church conducting a wedding in a different licensed church may render the marriage void.

3. Registrar’s License: Before the church wedding, the church must have obtained a license from the registry which authorises it to conduct the said marriage. In case of loss of the accompanying government marriage certificate, it is this licence that will be presented at the Registry in order to obtain the Certified True Copy.

4. Open Doors and Witnesses: The marriage must be celebrated “with open doors” (publicly accessible) between the hours of 8:00 AM and 6:00 PM and in the presence of at least two witnesses other than the officiating minister.

5. Issuance of Government Marriage Certificate: Upon successful celebration of the marriage, the licensed church is expected to issue the couple with a government-recognised marriage certificate, which bears the Nigerian Coat of Arms.

If the church is a licensed place of worship and the marriage is officiated by complying with the above requirement, then such a church marriage is legally recognised as a statutory marriage under the Nigerian Marriage Act. Statutory marriages are monogamous in nature, and any partner who marries another person while still legally married can be charged with bigamy, a criminal offence.

Statutory marriages can also be dissolved by filing a petition for dissolution in any high court in Nigeria on the grounds (include the link on the grounds of divorce) that the marriage has broken down irretrievably.

What if Your Church is Not Licensed?

“If your church is not licensed to conduct statutory marriages, any ceremony performed there, while religiously significant, will not create a legally recognised statutory marriage. For these church marriages celebrated in unlicensed churches, polygamy is not considered unlawful. A partner may marry another person under customary law without being guilty of bigamy. Additionally, such marriages can be dissolved by merely filing a petition for dissolution of marriage at the customary court or extrajudicially by mere refund of bride price by the aggrieved.

WHAT TO DO 

To ensure your church wedding has legal force, you should: 

• Enquire about the church’s license status with the Ministry of Interior or the local marriage registry. 

• Ensure all preliminary requirements of the Marriage Act (like giving notice to the Registrar) are fulfilled before the church ceremony.
• Confirm that a government-issued marriage certificate will be provided after the wedding.

CONCLUSION:

In summary, the legal status of a church marriage depends on whether the church is licensed to perform marriages and whether the legal procedures are followed, such as obtaining the registrar’s certificate. If the church is not licensed, the marriage is not legally recognised as statutory, but it is considered a spiritual blessing over a customary marriage.

If you are considering celebrating your marriage in a church, it is important to understand whether your church is licensed and how this will affect the legal status of your marriage.

Written by:

SALAWA ABIKE SULE-AZEEZ

Legal Practitioner

08104746175, 09051587201

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.

Source: BarristerNG