Introduction
Many couples in Nigeria choose to celebrate their marriages in church, but the pertinent question is: what is the legal status of church marriages? The legal recognition of a marriage celebrated in the church primarily depends on whether the church is a licensed place of worship. This article explores the differences between marriages conducted in licensed churches versus unlicensed churches, and how this affects their legal standing.
Licensed Church
If the church is a licensed place of worship, and the marriage is officiated by a recognized minister of the church in accordance with the church’s rites and the registrar’s certificate is obtained, then such a church marriage is legally recognized 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 that the marriage has broken down irretrievably.
Unlicensed Church
In contrast, marriages celebrated in churches that are not licensed to perform marriages have no legal effect. These ceremonies merely provide spiritual blessings over a customary marriage already conducted1
For these church marriages celebrated in unlicensed church, 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 mere filing a petition for dissolution of marriage at the customary court or extra judicially by mere refund of bride price by the aggrieved.
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 recognized 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.
This article is for educational purposes only. The information contained herein reflects the opinion of the writer and is not to be considered legal advice. For inquiries, kindly reach out to us.
- Nwangwu vs. Ubani (1997) 10 NWLR (Pt. 526) 559 ↩︎
