Nigeria recognises three kinds of marriage, and many Lagos couples have more than one: a traditional engagement, a church or mosque wedding, and a registry certificate. Which one is legally your marriage decides what happens on divorce, on death and when you need to prove you are married.
The three kinds
| Kind | Governed by | Monogamous? |
|---|---|---|
| Statutory - at a registry or a licensed church | The Marriage Act | Yes |
| Customary - the traditional marriage | The customs of the families | Not necessarily |
| Islamic | Islamic law | Not necessarily |
A statutory marriage is the one most embassies, foreign governments and insurers recognise without argument, and the one that produces a marriage certificate under the Marriage Act. A church wedding in a church licensed to celebrate marriages is a statutory marriage; one in an unlicensed church is a religious ceremony only, and needs a registry wedding as well.
A statutory marriage is strictly monogamous. A person in one may not marry anyone else, by any form, while it subsists; doing so is bigamy, a criminal offence. A customary marriage contracted first can be converted into a statutory one between the same two people, but not the other way round.
Getting married at the registry
In Lagos you can marry at the Federal Marriage Registry in Ikoyi or at a local government marriage registry.
- Give notice. Both of you attend the registry to file a notice of marriage, with your documents.
- The notice is displayed publicly for 21 days, so that anyone with a lawful objection can raise one.
- The registrar issues a certificate once the notice period has passed without objection.
- Marry, before the registrar and two witnesses, within 3 months of the notice. After that the notice lapses and you start again.
What to bring
Requirements vary between registries, so call yours first. Expect:
- Proof of age for both of you - birth certificates or declarations of age
- Valid ID - passports or national ID cards
- Passport photographs
- An affidavit of marital status for each of you, sworn at a court registry, stating that you are free to marry
- Two witnesses on the day, with their IDs
If either of you has been married before, bring the divorce decree or the death certificate of the former spouse.
If one of you is not Nigerian
A foreign national usually needs a certificate of no impediment from their own embassy or high commission, confirming they are free to marry, and their passport with a valid visa or residence permit. Some countries also require the marriage to be registered with them afterwards; check with yours before the wedding, not after.
Age
The minimum age of marriage is 18, under the Child’s Rights Act 2003 as adopted in Lagos State. A marriage involving anyone younger is not lawful in Lagos, whatever form it takes.
After the wedding
Keep the marriage certificate safe and get certified true copies. You will need it to change a name on your NIN, passport and bank accounts, to add a spouse to health insurance and pensions, and for any visa your spouse applies for.
Your NIN and NIMC Nigerian passport
Divorce
A statutory marriage can only be ended by a court, under the Matrimonial Causes Act, on the ground that the marriage has broken down irretrievably. There is no registry divorce. A customary marriage can be dissolved under custom, which is why the kind of marriage you choose at the start matters at the end.