LEGAL STATUS OF MARRIAGES CELEBRATED WITHOUT FORM E UNDER THE MARRIAGE ACT, 1914

ABSTRACT

There are three types of marriages under Nigerian Law. These are; Islamic Marriage, Customary Law Marriage and Marriage under the Marriage Act, 1914. Customary marriage, unlike marriage under the Act allows the man to take more than one wife. Monogamous or marriage under the Marriage Act is statutory in nature while customary law marriages are founded in the customs and traditions of the various societies in the country with the only common thing among all of them being the payment of bride price or dowry as the case may be. For marriages celebrated under the Marriage Act, Form E is a mandatory requirement and its issuance is prima facie, evidence that the marriage was celebrated under the Marriage Act. Given the importance of Form E therefore, this study seeks to examine the legal status of marriages celebrated without obtaining Form E under the marriage Act, 1914. In doing this, the doctrinal methodology will be adopted as recourse will be made to primary sources as well as secondary sources of literature on the subject. Likely findings from this study includes that, though Form E is a basic requirement for the proof of a marriage under the Marriage Act, it is not the only proof needed to give a marriage legal status. This is especially so with regards to marriages conducted in accordance with customary law. The findings and recommendations made from this study will add to the body of knowledge on the subject hence the need for the research.