In Nigeria, there is a legal implication for marrying a second wife or marring more than one wife. In the western world and in civilized societies, it is ideal for one to marry one partner during one’s lifetime on earth. However, we are abashed with instances where a man choses to marry more than one wife. We will examine the legal implication of marrying a second wife in this piece.
In Nigeria, there are two types of marriages namely marriage under the Act and customary marriage. Marriage under the Act means a marriage carried out in accordance with the provisions of the Matrimonial Causes Act. It is also called statutory marriage. Customary marriage as we all know is the marriage carried out in accordance with the customs and traditions of the locality of the spouse(s) involved.
Most often, couples engage in both the statutory marriage and the customary marriage. A typical example of this is when a couple gets married traditionally and then subsequently seals it at the Marriage Registry and are issued a marriage certificate by the marriage registrar. Another instance is where a couple gets married in accordance with tradition and then seals the marriage in a Church licenced to issue a marriage certificate. The Church then issues the couple with a marriage certificate.
It is also not out of place for couples to engage themselves only in traditional marriage without going to a licenced church or a Marriage registry for a marriage certificate.
The implication of marrying a second wife lies in the choice of marriage engaged by a couple.
A man who chooses to engage in both a statutory marriage and a customary marriage is by law bound to marry only one wife statutorily. What that means is that such a person cannot engage in a statutory marriage with another woman. What binds him is the marriage certificate issued by the marriage registry. The marriage certificate is a legal instrument that prohibits a man from marrying more than one wife statutorily. As soon as parties append their signatures to this document, they are legally bound by it. As such, a man who had earlier engaged in a statutory marriage with a woman and decides later to marry another woman statutorily has committed a criminal offence in law called bigamy. Bigamy is a criminal offence punishable by 7 years imprisonment in a Nigerian Correctional Service Centre.
It is worthy of note that not all churches are licenced to issue a marriage certificate to married couples. What is often at times issued by such unlicensed churches is a certificate of celebration which carries no weight in law. As such, a couple issued with a certificate of celebration can marry a second wife statutorily without any legal consequences.
In conclusion, it is not in all instances that marrying a second wife will have a legal implication. The legal implication applies only and strictly to a couple issued with a marriage certificate from the marriage registry. Without the marriage certificate, a man is permitted to marry as many wives as he so desires and the law will not penalize him.
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