The institution of marriage is a fundamental aspect of Nigerian society that is deeply rooted in Nigeria’s cultural, religious, and legal system. In recent years, Nigeria has seen significant changes in its laws to better safeguard the rights of both husbands and wives, especially in promoting women’s equality and empowerment within marriage.
In Nigeria, there are three types of marriage: statutory marriage, customary marriage, and Islamic marriage. Under customary and Islamic marriages, a woman’s right to own property often depends on her husband’s permission and control, as women are usually seen as being under their husband’s authority. This means that, in many cases, when a customary or Islamic marriage ends, the woman may not receive any property or benefits.
However, in a statutory marriage, which is regulated by the Marriage Act of 2004, women have more rights. They can claim property or inheritance during a divorce. When a statutory marriage is dissolved, the court ensures that the family’s property is divided fairly between the spouses. Are you married and you are wondering what your rights in your marriage are? Then read further to know what legal entitlements and protections are available to you.
Statutory Marriage in Nigeria
A statutory marriage in Nigeria is a marriage conducted and regulated under the Marriage Act and is characterized by its monogamous nature. This type of marriage is legally recognized by the government and entails that neither party is permitted to marry another person while the marriage subsists.
If either party marries another person while still legally married, it constitutes bigamy, which is a criminal offense under Section 370 of the Criminal Code. In Nigeria, a statutory marriage must be initiated at the Marriage Registry but can be concluded at a licensed place of worship or any other authorized public venue.
In a statutory marriage, both spouses have equal legal rights within the marriage, including the right to own properties, inheritance, and decision-making on family matters.
The Rights of a Wife as Recognized by Nigerian Law in Divorce
The legal right of a wife to inherit property after divorce is supported by Nigerian laws and judicial precedents. The 1999 Constitution of the Federal Republic of Nigeria (as amended) serves as the foundation for all laws in the country, including those governing marriage and family. It guarantees fundamental rights and freedoms to all individuals, regardless of gender, such as the right to life, dignity, personal liberty, and protection from discrimination.
Let’s now delve into the rights of a legal wife in Nigeria.
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Equality in Marriage
The Constitution guarantees equality and prohibits discrimination based on gender. In statutory marriages, governed by the Marriage Act and the Matrimonial Causes Act, wives have equal rights in decision-making, access to matrimonial property, and protection from abuse under the Violence Against Persons (Prohibition) Act, 2015.
However, customary and Islamic marriages offer varied interpretations of equality. While wives have the right to maintenance and respect, these systems allow practices such as polygamy, which can limit the extent of equality.
Nigerian courts have also taken steps to ensure fairness in areas such as property distribution and maintenance during divorce. For instance, courts have emphasized the need for fairness and equity in property distribution and have rejected customs that discriminate against women. The judiciary plays a significant role in interpreting laws to align with constitutional principles of non-discrimination and equality.
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Right to Family Property in a Divorce Proceeding
The Constitution opposes discrimination against women, while the Matrimonial Causes Act allows for the fair distribution of property in favor of women under certain circumstances. Specifically, Section 42 of the Constitution prohibits discrimination, and Sections 25 and 72 of the Matrimonial Causes Act outline the equitable treatment of spouses during divorce.
According to Section 72, “The court may, in proceedings under this Act, by order require the parties to the marriage, or either of them, to make, for the benefit of all or any of the parties to, and the children of, the marriage, such a settlement of property to which the parties are, or either of them is, entitled (whether in possession or reversion) as the court considers just and equitable in the circumstances of the case.”
In divorce proceedings, courts are expected to adopt a just and fair approach when determining the wife’s entitlement to family property. Importantly, this entitlement is not limited to cases where the wife made a financial contribution to acquiring the property.
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Right to Inheritance
The right to inheritance ensures that a legal wife is entitled to a fair share of her husband’s estate upon his death. If the husband leaves a will, the wife is entitled to whatever the will gives her. If there is no will, the wife gets a share of the estate, along with the children, under the Administration of Estates Law. Section 46 of the Administration of Estates Law of Lagos State, 2015 stipulates that the estate will be distributed among the deceased’s surviving spouse and children in a manner that reflects equality and fairness.
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Right to Own a Property in Nigeria
Property rights within a marriage in Nigeria are influenced by the type of marriage contracted. The Matrimonial Causes Act governs how property is distributed during divorce or separation. This legislation typically ensures that both spouses have equal claims to shared property accumulated during the marriage.
On the other hand, customary law limits women’s rights to inherit property or make claims on family assets due to its patriarchal approach to inheritance. However, recent judicial precedents have addressed these gender disparities. In the case of Mojekwu v. Mojekwu (1997) 7 N.W.L.R 283, the Supreme Court held that women have the right to inherit property from their fathers, rejecting customary practices that denied female children inheritance rights. The court emphasized that such customs were discriminatory and inconsistent with the principles of the Nigerian Constitution, thereby setting a crucial precedent for women’s equal property rights in the country.
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Right to Maintenance and Support
During marriage, spouses are legally obligated to provide financial maintenance and support to one another. The Marriage Act recognizes the mutual responsibility of couples to contribute to each other’s well-being. This includes providing financial assistance for basic necessities, such as food and shelter, as well as healthcare and education.
Conclusion
Every individual in Nigeria has the fundamental right to enter into a marriage contract based on their free and full consent, ensuring that no one is forced or coerced into marriage. The 1999 Constitution is the foundation for all laws governing marriage and family, guaranteeing equal rights for all citizens, regardless of gender.
The Constitution upholds the fundamental rights to life, dignity, personal liberty, and freedom from discrimination, which also extend to marriage. These protections ensure that a legal wife enjoys equal status and safeguards within the marital relationship, including rights to inheritance, financial support, and property ownership.
Therefore, as Nigeria continues to evolve socially and legally, both spouses must understand their rights to foster marriages built on mutual respect, equality, and shared responsibility. For more information on this subject matter, reach out to our team of family law lawyers for help.