Family law

Why Court Marriage is Necessary

There are basically two different forms of marriage, to wit:

  1. Statutory Marriage, popularly know as COURT MARRIAGE.
  2. Customary/Islamic Marriage, popularly known as TRADITIONAL MARRIAGE

Court Marriage is a type of marriage that is conducted According to the provisions of the Marriage Act.

it is not a Marriage done in court. Marriages are not conducted in court but in the Marriage Registry.

There are many vital reasons why it is important to contract a Court Marriage

  1. Court Marriage is MONOGAMOUS in nature. That is one man to one wife at a time.
    Non of the spouses to a Court Marriage can contract another Marriage with another party during the subsistence of the Court Marriage.Any party who marries another person while the Court Marriage is yet to be dissolved Commits the offence of BIGAMY.

2. Court Marriage is recognized worldwide. The certificate that is usually issued by the Marriage Registry, is recognized all over the world and sometimes a requirement for international travel by couples.

3. Court Marriage accords protection to the spouses and their children in terms of Inheritance.

Where a person fails to make a WILL but contracts a valid court marriage, his estate will be distributed in accordance with the provisions of the Administration of Estate Law/ English Law.

The above gives priority to the Spouse and Children of the deceased , whether male or female in terms of Inheritance.

Thus, a person who contracts the court kind of marriage, his estate upon his demise is not governed by CUSTOMARY LAW, which are usually discriminatory.

In summary, to protect the interest of spouses and children in a marriage, a Court Marriage is a necessity.