How To Stop Your Husband/Wife From Marrying Another Person

How To Stop Your Husband/Wife From Marrying Another Person. Daily Law Tips (Tip 375) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

There are 2 types of marriages in Nigeria; English Marriage and Traditional Marriage. In traditional marriage also known as Native, Customary, African or Local marriage, a man is allowed to marry more than one wife; polygamy is allowed. In English marriage also known as Statutory, Court, Civil or Law marriage, it allows only one man to one wife.
Hence, it is an offence for a man or woman married in English marriage to marry another person while still married to the earlier spouse. It is punishable with 5 years imprisonment.

Where a husband/wife already married in English law seeks to marry another person, he/she can be stopped, legally. The second pending marriage under English law can be legally stopped by entering a caveat at the Marriage Registry stopping the Registrar of Marriages from issuing the Registrar’s certificate (approval) to celebrate (perfect) such marriage. Caveat is a warning/notice and is entered by writing the word “Forbidden” opposite the entry on the marriage notice book with the name and address of the person entering such caveat as well as the grounds/reasons for such caveat. Once there is a caveat, the Registrar of Marriage cannot proceed to issue certificate authorising the celebration of such marriage rather the Registrar will suspend such marriage and refer such case to a judge of a High Court of the state or FCT. Then the court will summon the intending couple and the person that entered the caveat to try the matter summarily. The judgment of the court will stop such marriage.

References:

Sections 1, 2, 14, 15 and 39 of the Marriage Act, 1914.

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This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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