MARRIAGE UNDER THE MARRIAGE ACT

The statutory marriage is the type commonly referred to as court marriage. In reality though, it’s a marriage made under the hand of the registrar of marriages (who is neither a judge nor court registrar/clerk). The nuance of court marriage is one that has stuck over time and has gained so much notoriety that it may just be too difficult to displace.

The major highlight is that the marriage rite is conducted in accordance with the manner prescribed by the Marriage Act.

The main participants in a statutory marriage are the intending couple, marriage registry personnel, registrar and the witnesses.

The procedure commences with the indication of an interest by any or both of the intending couple who would approach a marriage registry (the debate about whether it should be the federal marriage registry or local government marriage registry is an issue for another day) to file a notice of an intention to get married.

The particulars (full names, addresses, marital statuses and passport photographs) of the intending couple shall be endorsed on the notice. Said notice is then placed at a conspicuous place in the marriage registry to satisfy the requirement that there must be a public notice.

If the registrar of marriages does not receive an objection to the marriage (caveat) within 21 days after the publication of the notice, the couple then proceeds to the stage of oath taking. The essence of the session is basically for the couple to declare before the Registrar that they are indeed single and are not otherwise committed to any other party (person) in marriage.

After the oath taking (and except the couple signify an intention to be joined in the registry where the application was commenced), the couple would notify the registry of the proposed location of their formal joining. The registry thereafter issues a license to the specified authority to authorize the conduct of the joining. The issuance of the license is a certification that the couple have fulfilled all conditions necessary for the conduct of the marriage rites.

It is important to note that the period from the issuance of Notice to the actual conduct of the marriage must not exceed 3 months. Failure to conduct the marriage within the period would lead to an expiration of the license. The implication therefore is that (after the 3 month period) all proceedings made in furtherance of that notice is void. The affected parties may only be lawfully married upon the issuance of a fresh notice.

On the day of the marriage the couple would be required to exchange vows pledging loyalty and alliance to each other and their union. The couple would also make fidelity agreements with each other in the presence of witnesses duly identified by the couple. For the purpose of signing the Marriage Register and Certificate, only 2 witnesses (usually one on both sides) is required.

After the exchange of vows, the parties are issued a marriage certificate which serves as evidence to the whole world that they have concluded necessary legal procedure to be referred to as husband and wife.

If the marriage was conducted in a place other than the marriage registry, it is the duty of that place (which in any event has been duly licensed to conduct marriages by the registrar) to ensure that a copy of the marriage certificate (which is usually in triplicate) is transmitted to the marriage registry which issued the license.

Where a marriage (though with license) is conducted in an unlicensed place of worship, such marriage is void.

The point that a marriage certificate is in triplicate is very important as the licensed place of worship is expected to retain a copy of the marriage certificate, issue the couple a copy of the marriage certificate and forward a copy to the registry which issued the license within 7 days of the conduct of the marriage.

The failure of a licensed place of worship to transmit the registry’s copy of the marriage certificate to the registrar or the failure of a registrar to properly fill up a marriage certificate would mean the offender risks imprisonment for a 2 year term. This is mainly because the failure to adhere to detail is such that the couple may not be able to authenticate their copy of the marriage certificate or obtain Certified True Copy of the marriage certificate at a later time.