Stella Dimoko Korkus.com: Traditional Versus Court Wedding -Correcting The Impression

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Tuesday, 24 January 2017

Traditional Versus Court Wedding -Correcting The Impression

This Interesting write up is reacting to the one posted yesterday HERE and summarizes so beautifully..I love it when Lawyers cannot seem to agree on anything and begin to quote different cases to prove their point.
This is a must read!




Hello Stella
I wish to react to your post on “traditional vs court wedding”. I wish to be anonymous. The opinion/submissions in the said post are largely false as they do not reflect the true position of the law.

I am in agreement with the writer on a few things; 1. That marriage may be celebrated in any licensed place of worship. 2. That a marriage contracted before the coming of the Act is valid
and 3. That Customary courts have jurisdiction over customary marriages. I differ on most of the other issues especially the issue of property purchased by spouses during the continuance of their marriage.


Let me first state that any marriage contracted in an unlicensed church is a customary marriage that has taken place and nothing more. If you must get married in an unlicensed church, be sure to have first contracted your marriage under the Act.


A person can either be married under the Act (Court marriage) or under custom (traditional marriage) as they are both valid marriages. The only difference is in their mode of operation and the methods adopted in their dissolution. It is important to note that there is nothing wrong with contracting a marriage under custom and contracting another under the Act so long as you are marrying the same person under both procedures. That is why in the present day, people do their trad, court marriage and church as well. Problems will only arise when you marry miss “A” under custom and marry miss “B” under the Act. The 2nd marriage in such circumstance will be invalid.


Note again that as soon as a man contracts a marriage under custom and contracts another under the Act to the same person, certain supposed “privileges” he would have enjoyed under custom will not apply as the Act takes first place in such circumstance. For example a man married under custom alone is allowed to marry more than one wife if his custom so permits. Islamic law permits marriage to about 4 wives. But as soon as you contract a marriage under the Act, it becomes a criminal offence to marry another wife. So for any man who desires to marry more than one wife, you should ensure that you marry under custom alone.


On the issue of properties purchased by spouses during the continuance of marriage, it is untrue that a woman needs to have her name on the properties of marriage before she can claim joint ownership, she needs not even show any receipt; being in a valid and subsisting marriage is all she needs to prove. The only properties she cannot claim are the ones purchased by the other spouse before the marriage. Any property purchased during the continuance of a valid marriage is jointly owned irrespective of whose name it is held. This is because of the concept of unity in marriage. A husband and wife of a marriage are seen as one under the law; that is why a man cannot rape his wife, that is why a spouse cannot be an accessory after the fact (a person who assists another who has committed a crime), that is why spouses cannot sue themselves in contract (except they are judicially separated) etc. The unity of marriage embodies the legal fiction that a husband and wife are one and none of the spouses can by their act defeat the survivorship of the other.


All the woman needs to prove is that she was/is married to man and that she made contributions to the property. The contribution must not be in cash; she could also contribute in kind. For example a woman who stayed at home taking care of the kids is said to have made substantial contribution to entitle her joint ownership of the properties of the marriage even if the property is not in her name. The courts have stated that the other party merely holds the property in trust. It is called constructive trust. See Nicholas Okere vs Theresa Akaluka CA/PH/114/2006 and also Amadi vs Nwosu (1992) 5 NWLR(pt 241) 273 at 280.


In summary a woman can claim joint ownership of the properties of a marriage irrespective of whether her name is on it or not. Being married under custom does not take away such rights as any custom that holds the contrary will be declared repugnant.


Thank you


Anonymous

34 comments:

Yori Yori Princess Loveme Jeje said...

Another one again? ok ooo make una continue

Intelligentsia princess said...

This marriage ish is giving migraine headache.

nnuku Sexy pant-like boxers. 08170506432 Order now said...

Who wants to read this novel ? me ? kole werk ...

Zitel Coconut oil Onitsha 08081725441 said...

Hmmm. Thanks for the clarifications.

Ghanaman said...

Good points!

It's the same point Mrs. Giggs is using to get almost half of Ryan Biggs fortune...taking care of the kids & home while her hubby travels around the globe for his work & 'pleasures' too.

Spot on analysis!


*ghanaman signing out*

James' hater said...

Thank you anonymous, I like intelligent people like you

Anonymous said...

I am too happy I have treated the recurrent infections and uti I had for long,antibiotics cause more harm than we think,it kills tge body and causes infections more,after I used good herbs and viatmin c for months, everything gone, so signs again, ran two tests no infection was found in my body, uti gave me sleepless nights, I prayed to God on the 31st of December to clear it completely, he answered me, I am too happy, Vitamin c and good herbs did the magic after I spent and spent.thank you Lord, I said I will testify.

SON OF SOLOMON said...

Loving this, more lawyer please..can I even make common sense...?

amanda favour said...

O.k
We're learning
Ndi lawyers,I raise Beyonce hands 🙌 for una

Madam Thomas the talk talk Aka the big mouth said...

If like marry or don't marry is non of my damn business init

LUCILE COCONUT OIL ABUJA 07059605320 Pin- 2BC6235E said...

Lol

Sassy Meruche said...

This is such a beautiful write up.I totally agree with this.Nice one poster.

Anonymous said...

Which one is good herbs?

SWAG LAFRESH said...

I like. I'm learning. Thanks anonymous

Intelligentsia princess said...

Me**

Anonymous said...

Thanks for this rejoinder as the initial poster goofed seriously by relaying on the Marriage Act of 1970 when there is a Marriage Act of 1984.

Under the Marriage Act of 1984, the Act now recognized 3 types of Marriages each with differing provisions. In essence, most Nigerians have been marrying 3 Times under the Act for a looong time.

peace maker said...

@poster,that's why a man cannot rape his wife?????

In order words he can gbensh her if she no want?

STARRY LARRY said...

I know someone will still write to support, add or reject this Article. So this is not the end to it





*Larry was here*

Kim Kardashian Aka portable queen of sdk blog said...

You made sense.

Kim Kardashian Aka portable queen of sdk blog said...

Good for you

Anonymous said...

I hope u all also know that not being able to marry more than one wife is not applicable to marriages contracted at Ikoyi Registry as that law was lifted in Lagos State? In other words, if u marry the, ur hubby is free to marry another woman. A lot of people will drag/argue ds wt me but pls, ask questions to know m right.

Anonymous said...

I hope u all also know that not being able to marry more than one wife is not applicable to marriages contracted at Ikoyi Registry as that law was lifted in Lagos State? In other words, if u marry the, ur hubby is free to marry another woman. A lot of people will drag/argue ds wt me but pls, ask questions to know m right.

Anonymous said...

I'm in the same dilemma as you. Can you please recommend the herbs taken? Help a sister. Looking forward to your reply

missylynn said...

OK seen

Amacastel said...

Am just watching

Starjoy said...

Hmmmm learning from here and there..

Anonymous said...

I have a question. I ma getting married soon. someone is owing me about 2.6m naira. do I need to disclose this to my soon-to-be husband? thank you

Ronalda. said...

‎This is not the right place to argue on points of law because only legal minds will appreciate the arguments. Most people will just be bored stiff. Both counsel made some valid points but there are a few points I want to address. Fear not, it will be painfully brief, I promise, lol!

1. The issue of laying claims to assets or properties, owned by a couple who contracted marriage under customary law or native law ‎and custom is not determined or regulated by any particular system of customary law in Nigeria because there are different cultures. What matters is the law and custom of the area the traditional marriage was contracted. For example, the Yoruba traditional law and custom may be different from that of the Ibibios. Unlike marriage contracted under the Act which governed by the Marriage Act and the Matrimonial Causes Act, therefore the rules are uniformed regardless of individual customs and traditions. So before you start claiming the right to claim property after the marriage is dissolved, be sure your custom and tradition gives you that privilege. Tradition in Nigeria differs.

2. The laws governing matrimonial causes in Nigeria presently are: Marriage Act, Cap M6, LFN 2004. AND Matrimonial causes Act, Cap M7 LFN 2004. The others are outdated. There are also more recent decided cases where the Supreme Court explained certain legal principles governing Matrimonial causes. Cases published by various law reports between 2014 - 2016. It's always safer citing the most recent decided cases.

3. This is general ‎knowledge, if you seek real advice for a personal matter, contact a lawyer who is specialised in Family Law. Most of us have our areas of specialty. Mine used to be Criminal Law but I left that behind( I still give legal advice on criminal matters, though)and I'm now fully into Arbitration and conciliation, which is Alternative Dispute Resolution(ADR).

Anonymous said...

No but please disclose all the men that chook your yansh

Anonymous said...

Also introduce yoghurt to your diet. I love Farm Pride.Its like magic.I am a witness. I also agree with the harm antibiotics cause too. Let us in on the herbs u used please.

Anonymous said...

Does he know what u are really worth, financially? If he does, I think its okay to tell him.

reemah said...

Painfully brief. Hehe. Thanks for 'shading' more light.😂😂😂

Yemi7up said...

You are right. I could remember Lagos house assembly has ratified that some years back.

Anonymous said...

Get informed please. Marriage Act M6, M7 of LFN, 2004. Go read. It is 1970. The 1983 or 1984 is Matrimonial Rules. Different from Act.

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