A statutory marriage, commonly called court marriage in Nigeria, does not necessarily give a man special personal benefits simply because he is a man. However, it provides important legal rights and protections for both spouses.
One major benefit is that it gives the marriage legal recognition and provides a clear legal framework for dealing with the rights of the husband, wife and children.
For example, where a person dies without leaving a valid Will, the surviving spouse and children may have legal rights in relation to the deceased’s estate, depending on the circumstances and the applicable law. A statutory marriage can therefore be important when dealing with inheritance and succession issues.
Another benefit is that a statutory marriage creates legally recognised obligations between the spouses. If either spouse engages in conduct that amounts to a legally recognised matrimonial wrong, the affected spouse may have remedies available under the law.
However, it is important to understand that court marriage does not simply mean that a husband can automatically sue another man for being with his wife and receive damages. The legal remedy depends on the facts of the case and the particular matrimonial offence or cause of action recognised by Nigerian law.
A statutory marriage also provides an official marriage certificate. This is useful when you need to prove that you are legally married, whether for immigration, visa applications, official records, inheritance matters, or other legal and administrative purposes.
The certificate can serve as important evidence of the marriage, although a foreign country or institution may require additional authentication or documentation before accepting it.
Cost can also be a consideration. A statutory marriage generally does not require the large expenses associated with a traditional or elaborate wedding ceremony. Couples can therefore choose a simple legal marriage without spending heavily on a reception, entertainment, clothing and other ceremonial expenses.
The actual fees and other costs will depend on the registry and the requirements applicable at the time.
Finally, marriage does not automatically give either spouse ownership of everything the other spouse owns. If a wife is financially successful or owns valuable property, the husband does not automatically acquire a share of those assets merely because they are married.
However, where both spouses contribute to the purchase or acquisition of property, the nature and extent of each person’s interest can depend on the agreement between them, the evidence of their contributions, the title to the property and the circumstances surrounding the acquisition.
Therefore, the main benefit of statutory marriage to a man is not that it gives him automatic ownership of his wife’s property or special privileges over other men.
Its importance is that it creates a legally recognised marital relationship and provides both spouses with rights and legal remedies that may become particularly important in matters involving property, inheritance, separation, divorce and the welfare of children.
