Legal Implications of Marriage under the Marriage Act -Part 1

“Hey there! Welcome back to Your Family Lawyer, the podcast that helps you makes sense of the legal side of family life. Today, we’re getting into the nitty-gritty of marriage under the Marriage Act. Ever wondered what happens if you break those marital vows and commit bigamy? Wahala oh! It’s not just a breach of trust it’s a one-way ticket to legal trouble because it is a fundamental breach of the marriage contract. We’ve got a real court case that will leave you on the edge of your seat. So, let’s get into it!”

Segment 1: Spousal Obligations Under the Marriage Act

“Alright, let’s kick things off with the basics. When you tie the knot under the Marriage Act, you’re signing a legally binding contract and one of the fundamental terms of this contract is fidelity. The Marriage Act expects you to be loyal to your spouse and not have side chicks or sugar daddies. It’s all about monogamy, one man, one wife! Once you’re hitched, you can’t just run off and marry someone else unless you get a divorce first.

Section 33 of the Marriage Act (contained, Laws of the Federation of Nigeria) says marriage under this Act has to be ‘to the exclusion of all others.’ That means no sneaky second spouses. The law wants you to stay loyal, and if you don’t, there are serious consequences such as a petition for divorce on the ground of infidelity.”

Segment 2: Bigamy and the Legal Consequences for Breach of Monogamy

“Next up, let’s talk about bigamy the ultimate no-no in the world of monogamy. The offence of bigamy is committed when someone who’s already legally married under the Marriage Act marries another person without ending the first marriage.

Bigamy isn’t just a betrayal under the law it’s a crime. Section 370 of the Criminal Code Act (CAP C38, Laws of the Federation of Nigeria) makes it a felony to marry someone else while you’re still married. Get caught, and you could end up in prison for up to seven years! Yes, you heard that right! Seven years behind bars. The law takes this seriously because bigamy messes with the very foundation of marriage.” Though enforced more in breach, now you know that the laws exists and can be deployed to rein in errant husbands.

Segment 3: Case Study – A Bigamy Case and Its Resolution Under Nigerian Law

“Now, let’s present to you a real-life courtroom drama in the case of R v. Princewill, Bartholomew Princewill thought he could outsmart the system. In 1950, he got married in a church under the Marriage Act. Fast forward to 1960, he converted to Islam and married another woman, Fatima. But here’s the twist his first marriage was still valid because he was still married to the first wife whom he married earlier under the Marriage Act. Let’s see how it played out.”

Screenplay

INT. CHURCH – DAY (1950)

BARTHOLOMEW PRINCEWILL, a young man dressed in a suit, stands nervously at the altar. Beside him is his FIRST WIFE, in a beautiful wedding gown. The CHURCH MINISTER conducts the ceremony.

MINISTER

Do you, Bartholomew Princewill, take this woman to be your lawfully wedded wife?

BARTHOLOMEW

I do. INT. MOSQUE – DAY (1960)

BARTHOLOMEW, now dressed in traditional Islamic attire, stands beside FATIMA, his SECOND WIFE. The IMAM conducts the ceremony.

Celebrations in accordance with Islamic law marriage rites.

INT. COURTROOM – DAY

BARTHOLOMEW stands nervously in the dock. The JUDGE looks sternly at him.

JUDGE

Mr. Princewill, you are accused of bigamy. How do you plead?

BARTHOLOMEW

(Conflicted)

My Lord, I am not guilty, I followed the customs of my faith. In Islam, I can have multiple wives.

JUDGE

But Mr. Princewill, your first marriage was under the Marriage Act, which enforces monogamy, and you are still married to your first wife.

INT. COURTROOM – DAY (LATER)

The JUDGE addresses the court, looking at Bartholomew and his two wives.

JUDGE

After considering the evidence, this court finds that Mr. Princewill is guilty of bigamy. Under the Marriage Act and Section 370 of the Criminal Code, a person cannot be married to more than one person at the same time under Nigerian law if the first marriage was conducted under the Act.

INT. COURTROOM – DAY (FLASHBACK)

Images of Bartholomew’s first wedding ceremony in the church, showing the legal, monogamous commitment. Then his second wedding ceremony in the mosque, reflecting his Islamic faith.

INT. COURTROOM – DAY (PRESENT)

The JUDGE continues his verdict.

JUDGE

While some religions and traditions permit polygamy, the Marriage Act enforces monogamy to prevent legal and social complications. The second marriage to Fatima is void and of no legal effect.

EXT. COURTHOUSE – DAY

BARTHOLOMEW is led away, looking distressed. His FIRST WIFE stands a few steps away, watching him with a mix of emotions.

Narrator

“And so, the case of R v. Princewill showcases the legal consequences of marrying under the Act as a lifelong commitment to one wife. A man desirous of another wife after a marriage under the Act must first divorce the first wife. If you are not certain from the onset that one wife would be enough for you, then stick to customary law or islamic Law marriages only but be mindful that your choices may have consequences on the inheritance rights of your spouses and the children of your marriage.

Segment 4: Legal Implications – Criminal Consequences of Bigamy and Its Effects on Inheritance

Host:

“Bigamy isn’t just about avoiding jail time it also messes up inheritance rights. If bigamy occurs, the second marriage is void, meaning the second spouse gets nothing if the person dies. This is super important when someone dies intestate without a Will.

Without a will, the legal spouse from the first valid marriage inherits everything. The second spouse if the marriage is void has no legal claim. This can lead to nasty fights among kids from different marriages, especially if the first marriage was the only valid one.

In these cases, the court follows Nigerian intestacy laws, and the estate is divided among the legitimate spouse from the valid marriage and the deceased’s children . The second spouse from a bigamous marriage? Left out in the cold. This makes having a will and understanding your marital status really important.”

“So, in a nutshell, bigamy isn’t just breaking a promise it’s a crime that comes with serious consequences like jail time and voided marriages. Plus, it can create a mess when it comes to inheritance.

If you’re married under the Marriage Act or thinking about a second marriage, make sure you know the legal ropes. Always get legal advice to stay on the right side of the law.

That’s it for today’s episode of Your Family Lawyer. Join us next time when we’ll dig deeper into how marriage under the Marriage Act affects property division and inheritance. Until then, stay empowered. And please be good to your family!”. My name is Chuma Chinye, and I am Your Family Lawyer.