THE THIN LINE BETWEEN REMARRYING AND THE CRIME OF BIGAMY.
Are you planning to say “I do” for the first time? Do you know if your proposed spouse is legally married to someone else in Nigeria? Not to be the party pooper, but according to Nigerian laws, there’s a tiny line between a happy new beginning and seven years imprisonment. This piece sheds light on some of the pitfalls to be aware of.
IS IT LEGAL TO REMARRY WHILE SEPARATED BUT NOT YET DIVORCED?
NO.
Section 33 (1) of the Marriage Act provides that:
‘no marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is by native law or custom married to any person other than the person with whom such marriage is had’.
From the case of Hyde v Hyde, we can define legal marriage as the union between a man and a woman to the exclusion of all others, recognized by law, not done under duress, without consent, in an unlicensed place of worship or an unregistered marriage registry. For instance, a marriage between a legally married woman and another man without properly divorcing her husband is void ab initio and may resort to being sued by the first spouse.
WHAT HAPPENS IF A PARTNER UNKNOWINGLY ENTERS A BIGAMOUS MARRIAGE?
If you did not know about your spouse’s existing marriage, you would not be in any direct violation of the law, but your spouse may be. And because the new marriage is illegal, it is considered void in every state and can be annulled.
WHO HAS THE RIGHT TO SUE FOR BIGAMY? THE SPOUSE WHO WAS DECEIVED OR THE NEW SPOUSE?
Typically, bigamy laws protect the first spouse. Since the first marriage is valid, the spouse who lied and remarried commits deception. This can hurt the first spouse emotionally, financially, or socially. So, the first spouse can initiate a petition for the prosecution of the deceitful spouse for the crime of bigamy. Yes, bigamy is a crime.
WHAT IS THE EVIDENCE OF A LEGALLY TERMINATED MARRIAGE?
This finalization occurs when a “decree absolute”, an official document signed by a judge proving the dissolution of a marriage, is issued.
ARE THERE EXCEPTIONS TO MARRYING MORE THAN ONE WIFE?
Under the Islamic law, a man is allowed to marry more than one wife, but they cannot have more than one wife if they celebrate their marriage under the Marriage Act.
Therefore, before you tie the knot, lovebirds, please ensure your previous marriage or spouses’ has been legally terminated and all loose ends are resolved. If not, you may proceed with the adequate process of terminating the current marriage on any of the grounds listed in Section 15(2) (a-h) of the Matrimonial Causes Act. Failure to do so results in a void Marriage and may attract being sued by the first spouse for bigamy due to suffering emotional distress, financial hardship, social embarrassment, etc., which may attract a fine determined by the court, seven years imprisonment or both.
