Introduction
Few things are as devastating as discovering, after many years, that what you believed to be a valid union is nothing more than a void marriage. Void marriages, unlike a valid one, has no legal standing and offers none of the rights or protections a couple might expect. Understanding the factors that render a marriage void is crucial to avoid such heartbreaking consequences.
In this article, we will explore the concept of void marriages in Nigeria, the legal grounds for them, and a real-life case that illustrates this issue. Let us dive into the details!
What is a Void Marriage?
A void marriage is a marriage where, although the parties went through a ceremony of marriage, they did not acquire the status of husband and wife. In legal terms, the law considers such a marriage not to have taken place at all 1This means that, regardless of what was celebrated or what appeared on paper, the marriage is invalid. Invalid marriages are annulled, while valid marriages are dissolved. Legal separation may sometimes precede annulment or divorce. Find out the legal grounds for separation in this article. Read more here
Grounds For Void Marriages
A marriage may be declared void under the following circumstances:
- Bigamy: If either party is already lawfully married to another person, any subsequent marriage will be void. A valid statutory marriage under the Marriage Act requires that both parties be single at the time of the ceremony. Therefore, if one party was previously married and that marriage was not dissolved, any new statutory marriage will be void.
- Prohibited Degrees of Consanguinity and Affinity: Consanguinity refers to blood relationships, while affinity refers to relationships by marriage. For a marriage to be valid, the parties must not fall within the prohibited degrees of consanguinity and affinity. However, parties within prohibited affinity may, under certain conditions and with court approval, marry. The law does not permit marriages within prohibited degrees of consanguinity, which cannot be waived.
- Non-compliance with Marriage Laws: If the marriage ceremony fails to comply with the legal requirements of the place where it was celebrated, it may be declared void. However, this is not the case if the parties were unaware of the laws or did not deliberately fail to follow them.
- Lack of Free Consent: Consent is a fundamental element of a valid marriage. If the consent of either party was obtained through fraud, duress, or mistake, the marriage will be void.
- Age Requirement: The parties must be of marriageable age for a marriage to be valid. While the Marriage Act does not specify an age, the Child Rights Act sets the minimum age for marriage at 18 years. If either party is underage, the marriage is void.
When to File a Petition for Annulment of a Void Marriage
A void marriage does not require a court order to annul it, as the marriage is legally considered never to have existed. However, a petition for annulment can be filed in a high court to formally declare the marriage void. This petition can be filed at any time, even after one of the parties has passed away.
Who Can File for Annulment of a Void Marriage?
Either of the parties involved or an interested third party can file a petition for the annulment of a void marriage. It is important to note that this can happen at any time, regardless of whether one party is still alive.
Case Study- Agbaje vs. Agbaje (1985) 3 NWLR (Part 11) 11
let us consider the case of Mr. Agbaje, who was married to his first wife traditionally in 1947. He later went to England, where he put another woman in the family way and married her in 1954 without first dissolving his earlier traditional marriage with his first wife.
The first wife later left for her father’s house in 1955, but the marriage was never dissolved. Mr. Agbaje’s second marriage lasted 22 years, during which he had five children. After his death, his second wife and their children applied for letters of administration, but the first wife’s daughter objected, stating that the second marriage was invalid due to the lack of dissolution of the first marriage.
The court found that Mr. Agbaje’s second marriage was void because it was contracted without dissolving his first marriage. The court ruled that the second wife’s marriage was legally invalid, despite producing five children. This case highlights that a marriage contracted while one party is still married to someone else is void, regardless of how long the marriage lasted or the number of children produced.
Key Lessons from This Case
- Bigamy is Legally Unacceptable: It is illegal to contract a statutory marriage without first dissolving any previous marriage.
- Anyone Can Challenge a Void Marriage: Even after the death of one of the parties, any interested third party can file for the annulment of a void marriage. in this case, the validity of Mr. Agbaje’s to the second wife was challenged after his death by his daughter from his first wife.
- Subsequent Marriages Do Not Become Valid: A marriage that is void due to the existence of a prior valid marriage does not become valid, even if the original marriage is dissolved later.
Conclusion
A void marriage has no legal standing and cannot confer the status of husband and wife. It is crucial to understand the legal grounds for a void marriage to avoid unpleasant consequences in the future.
Do you have a situation or question related to void marriages or family law? Reach out to us for a consultation to clarify your concerns. For legal consultations, reach out to us through +2349045532566.
This article is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for personalized legal advice.
Footnote
- Oghoyone vs. Oghoyone (2010) 3 NWLR (PT. 1182) 584 ↩︎
