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THE DOUBLE DECKER MARRIAGE (THIS ONE APPLIES TO ALL OF US)
A thread
http://syntaxlaw.com/2021/05/07/the-double-decker-marriage-this-one-applies-to-all-of-us/
A thread
http://syntaxlaw.com/2021/05/07/the-double-decker-marriage-this-one-applies-to-all-of-us/
Today’s #Fridayfive is about what has been referred to as “Double-decker” marriage. Although it is not a statutory term, it has been perfectly used to describe a common concept in our society. The concept and the resulting issues are summarized as follows:
- WHAT?
- WHAT?
A customary marriage is valid. A statutory marriage is also valid. Most people in this part of the world do both, which amounts to stacking one marriage on top of another, thus the “double decker” terminology.
- WHY?
- WHY?
We value our culture and believe tradition is compulsory. Those who do not believe so are scared of being different. It is however also believed that only statutory marriages are legal and give security, due to the certificate issued.
This brings about the decision to get married under both systems.
- When one party goes ahead to remarry in a different country or both parties decide to split, the question sometimes arises on which marriage supersedes the other and whether both have to be separately dissolved, especially since one permits polygamy and the other doesn’t.
- There is a school of thought that the first one is the valid one, and any subsequent one is invalid. Although the parties are the same, determining the date of marriage can be an issue especially in cultures where one marriage is carried out a year or more before the other.
The argument will then be that if the customary one comes first, it is not dissolved until the groom goes back to the family to divorce, and also returns the bride price.
On the other hand, it may be possible not to do so if he doesn’t want to, seeing as native law does not forbid polygamy.
- Although arguments continue to rage on the subject, it is generally believed that the statutory marriage is superior.
The Nigerian Marriage Act does not prevent people already married under customary law to still marry under the statute, and the courts generally believe that the parties deciding on a statutory marriage despite already having a customary one, show a desire to be married and…
…bound by statute, and consequently have a monogamous relationship at the very least. Until the Laws change, it will be difficult to categorically take a stand on whether both coexist, or one totally supersedes the other.
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This thread can be read here: http://syntaxlaw.com/2021/05/07/the-double-decker-marriage-this-one-applies-to-all-of-us/
