Critical Analysis Of The Essential Elements Of Customary Law Marriage In Nigeria
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This study was carried out to critically analyze the essential elements of customary law marriage in Nigeria. The validity of customary law marriage as a result of these elements, how this customary law marriage is being performed or celebrated in the society. The study reasoned that customary marriage in Nigeria cannot be dissolved by mere wishful thinking or assertion, a woman who is a wife of the man under the native law and custom does not divorce the man merely by leaving him and staying with another man for who she has children, and it is not sufficient that one of the parties to the marriage declares that he or she no longer wants the other. There must be a formal act on the part of the party who is tired and not willing to continue. This review contends that the proof of the dissolution of customary marriage requires a high degree of certainty and can only be dissolved by a court; or either unilaterally or by mutual consent subject to refund of bride price.
The main of objective of this study is to critically analyze the essential elements of customary law marriage in Nigeria. The specific objectives include the following:
1) To define marriage, types of marriage in Nigeria.
2) To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria.
3) To examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party.
4) To explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria.
5) To make recommendations that will help solve the problems of inter-cultural marriages.
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