There Is No Legal Recognition Of A‘Common Law’ Husband Or Wife


George Oswick and Gumeie Omeben

George Oswick and Gumeie Omeben

Humanist Marriage Ceremonies – Commons Library Standard Note   Published 07 January 2015 The Marriage Act 1949 (as amended) provides for civil marriage; marriage according to the rites a…

Source: Humanist Marriage Ceremonies – Commons Library Standard Note

At present, humanist marriage ceremonies do not have legal force and the parties must have an additional ceremony (for example, at a registered office) for the marriage to be legally valid. The British Humanist Association has campaigned for the law to be changed to allow humanist celebrants to conduct legal marriages.

Second marriages

I got married overseas, is my marriage valid?

Marriages which have taken place overseas (i.e. outside the United Kingdom) will only be legally recognised in English law if they are legally recognised in the country where they took place and also according to the domicile of the parties. The domicile of a person is the country whose laws that person must comply with in certain matters, such as marriage and divorce law. It usually relates to where you were born and brought up, although it can also relate to other factors.

For example, if you and your husband got married in Nigeria in a legally recognised ceremony according to the laws of Nigeria and were both born, raised and settled in Nigeria, it is likely that your marriage would be recognised in English law.

This is a complex subject and if you are not sure about your domicile it is important to seek legal advice. http://rightsofwomen.org.uk/get-information/family-law/marriage/

How hard is it to get a piece of paper saying you’re legally married?

Court weddings aren’t like traditional weddings. No one exchanging money and throwing cow piss on anyone. Just nod your head and sign the damn paper.

You just need an official marriage license with your name, wife’s name, and two witnesses.

You will need your passport or ID to reserve a court date and time and make sure that you show up on time or you will have to reschedule again.

There are three types of Marriages recognized in Nigeria –
1. The Court Wedding
2. The Church / Nikai wedding
3. The traditional / customary weddings

That the traditional wedding is recognised is not enough, you need to ensure that you carry out the required documentations which means in this case, that you would get the Marriage Certificate form the Local Government office or the traditional ruler of your village. Note that since 1994, the marriage certificates in use in Nigeria has been harmonised and are the same for all the 3 types of weddings.

N v D (Customary Marriage) [2015] EWFC 28

Court finds customary Nigerian marriage ceremony proved on facts, and rules that this gave rise to a valid marriage in English  law. The couple are Nigerian.  Continue reading →

About GUIDANCE AND PUBLICATIONS STRATEGIC CONSULTING

Digital Assets
This entry was posted in Family Law, Private Law and tagged . Bookmark the permalink.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.