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What To Do When A Woman Insist On Court Marriage - Family (6) - Nairaland

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Re: What To Do When A Woman Insist On Court Marriage by ZIMDRILL(m): 10:52pm On Apr 28, 2020
frozen70:


You said you were once married, so what happened

i was young when i got married (customary aka traditionally) i was 26 year in Africa thats normal, i then moved to UK left the wife home, it was hard financially to bring the wife and slowly we drifted apart and we separated

when i look back based on my personal journey to where i am now i was still young to marry at 30 would have been better and a bit wiser
Re: What To Do When A Woman Insist On Court Marriage by frozen70(f): 11:19pm On Apr 28, 2020
ZIMDRILL:


i was young when i got married (customary aka traditionally) i was 26 year in Africa thats normal, i then moved to UK left the wife home, it was hard financially to bring the wife and slowly we drifted apart and we separated

when i look back based on my personal journey to where i am now i was still young to marry at 30 would have been better and a bit wiser

Sorry about that

Marriage comes with lots of maturity and patience

The look inside is quite different from the look outside

But am very sure now that you already know how it will be going

1 Like

Re: What To Do When A Woman Insist On Court Marriage by crackkhaus: 8:25am On Apr 29, 2020
Plead:
Crackkhaus, statutory marriage is cool but the reasons why these women really want it may not be because of security after death blah blah.

We both know if these women are richer than their husbands they won’t be bringing up the idea of statutory marriage because they won’t want the man to benefit from them. Most women are greedy , always wanting to have their cake and also eat it( can’t remember how it’s framed)
Any man who doesn't know this is still very deep in sleep-mode. cheesy

3 Likes

Re: What To Do When A Woman Insist On Court Marriage by Jesuisbelle(f): 9:25am On Apr 29, 2020
there is really nothing to fear about court marriage
Re: What To Do When A Woman Insist On Court Marriage by cococandy(f): 10:12am On Apr 29, 2020
cool
eyinjuege:


But the law doesn't see gender.
Tradition does.
The same protection offered a woman with a court marriage is the same offered a man.
Many of our men are still governed by tradition, hence the aversion for court marriage seen.

When a woman is from a wealthy home, the men don't need to be convinced of a court marriage, they pursue it.

1.Getting a divorce is much easier with a traditional marriage where the bride price is easily returned within a day e.g Tonto Dike and Churchill . So perhaps our men are thinking along that route in the foreseeable future?
2.With only a traditional marriage, a man is still allowed to several other wives , and a man who refuses court wedding to his partner has such intentions until proven otherwise.
3.My advice for such women is to ensure they reach their maximum potential even while married (all women actually). Do not give up your own career, goals , aspirations and dreams in order for your man to achieve his. Don't stay home under the guise of raising children and not developing yourself while he is out there building a future for himself where he doesn't see you or perhaps sees several other women by his side in that future.
Make sure he does his own equal contribution in the home front with your children, and that he also supports you in achieving your goals as you support him in achieving his
.
Re: What To Do When A Woman Insist On Court Marriage by candyguyofficia(m): 2:29pm On Apr 29, 2020
Dtruthspeaker:


The Law of Succession and inheritance is based on Relationships and Marriage is one of the Relationships that Must be under consideration in determining who shall inherit or succeed.

This I haven't disputed in my write up


And not just relationship alone, the strength of the relationship Must be in Issue Always.

No doubt on this


And before every Just Court, A valid Marriage of Any Kind has its full powers, As it is the Law, He who bears the Burden must Bear the Benefit.

I didn't dispute this in my write up, I even took it a step further by stating the exception to the above which is contained in section 18(3) of the Evidence Act 2011 where I paraphrased it that the court will not reply on any custom as law (even on succession matters) if such custom is contrary to natural justice, equity, good conscience, policy policy

So your statement up there about a person under customary law being inapplicable is very wrong and unjust-for the Law Does No Wrong.
"Your statement up there about a person under customary law being inapplicable" (inapplicable to do what?", Please be explicit)

Also English Law always belongs to the English People not Nigerians because English Law is the. Traditional law and costum of the English People, while we Nigerians already have our own Traditional law and costum, (which requires plenty of amendments) even before and after those English Armed Robbers came.
The received English law were vehicled into Nigeria by virtue of the Interpretation Act and some of this English law have been domesticated into Nigeria law. A good example is the Will's Act that was domesticated with modification into the Will's Law of the various state of the Federation.

So English law does not work in Nigeria like Nigerian laws do not work in England.
Saying English Law does not work in Nigeria is too sharp a statement to make as Nigeria Laws are primary sources of laws, English Laws are persuasive as secondary sources of law


That's why the decision in Cole vs Cole was good but the ground (as stated above) was wrong, in that a marriage under the Act createes joint ownership of property and all rights must flow from there first, not on the ground of Succession Laws, because Succession Follows Relationship Always

Kindly note that Cole v Cole was reported in 1898 hence English Law was the applicable law. However, years after the decision of the court in the case, The Administration of Estate Law of 1976 was enacted. Check Section 49(5) Administration of Estate Law.
The point I was making in my initial post that you quoted was not whether Marriage under the Act creates joint ownership of property and all right must flow from there or not. The point I made was Marriage under the Ordinance clothes the parties to such marriage and their offspring with a status unknown to the Customary law that the deceased partner was naturally subjected to and so the inheritance of dissolution of estate CANNOT be decided in accordance with native law and custom by virtue of Marriage under Ordinance.
[b] I appreciate your contribution

[/b]
Re: What To Do When A Woman Insist On Court Marriage by Cherie22: 4:35pm On Apr 29, 2020
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Re: What To Do When A Woman Insist On Court Marriage by Dtruthspeaker: 7:14am On Apr 30, 2020
candyguyofficia:
[/b]

Marriage under the Act Vis a Vis Succession Matters
The type of marriage celebrated by an individual has a significant role to play in determining the type of law that will apply in the dissolution/distribution of the estate (property) of the deceased who dies (very true) /intestate (without a Will), (the doctrine of Oneness in marriage is not taken into account, for what is called the deceaseds' property is jointly owned) is because marriage influence personal law.

You said: For a person who during his lifetime contracted a Marriage under the Act the custom which the person was naturally subjected to by nature will not be applicable as regard how the deceased estate (property) will be shared (it depends on his Last act of marriage if under the Act, then the Act is of great consideration with great respect to the Doctrine of Oneness, but if customary law, then by customary law again with regard to the Doctrine of marriage.)

rather it will be the English Law that will govern the distribution of the estate. English Law do not generally mean the Received English Law will be what will be applicable as local legislation can/will be applied such as the Administration of Estate Law
(English Laws should remain in England, we had our "Nigerian laws" before those armed Robbers came, we still have our Nigerian laws even after the armed Robbers left

The Nigerian Courts always had and have a right to take any law anywhere that is Good, good and just only, nothing less.


In marriage and succession, property does not devolve; to the spouses because it is already (hers') or (his)
Re: What To Do When A Woman Insist On Court Marriage by Dtruthspeaker: 8:10am On Apr 30, 2020
candyguyofficia:
[/b]

You said: Saying English Law does not work in Nigeria is too sharp a statement to make as Nigeria Laws are primary sources of laws, English Laws are persuasive as secondary sources of law

Is it not the Law that anything founded on an illegality shall not stand?

Isn't the British invasion unlawful and illegal?

Shall 'one million boys' invade thy house and reign there and after they are long since gone, shall you continue to implement their laws?

It is still the Law that any law, anywhere, that is Good can be taken and used in the territories known as Nigeria.
Re: What To Do When A Woman Insist On Court Marriage by xcabczyxabczzzz: 10:18am On May 01, 2020
hahn:


Don't be silly.

If you love your woman then go to court and marry her so she is protected by law. Not just her, your kids as well.

There are many instances where a man dies and his family come and take all his properties claiming one useless tradition or culture and the woman is left to struggle to feed the kids on her own.

Things you need to get your wife:

- A court wedding
- Her own business(even if she is working)

You can will your properties to your kids.

If you don't trust her not to misbehave after getting a court wedding then you should not bother getting married to her.

You sef, after 6 years and your brain cannot tell you that getting a court wedding is right then you have issues.

In case you are wondering, I am married too and we did the court wedding.

I don't want a situation whereby some dumbass family members will show from nowhere after I am dead to claim a thread on my boxers.

Protect your wife and kids LEGALLY!
No offense bro, but as an atheist if your wife family had insisted on a church wedding wound you just go with it.
Re: What To Do When A Woman Insist On Court Marriage by hahn(m): 10:44am On May 01, 2020
xcabczyxabczzzz:

No offense bro, but as an atheist if your wife family had insisted on a church wedding wound you just go with it.

I was still when I got married though.

However, if that's what the family wants then you go along with it. There's no use creating enmity with your new family.

1 Like

Re: What To Do When A Woman Insist On Court Marriage by xcabczyxabczzzz: 11:40am On May 01, 2020
hahn:


I was still when I got married though.

However, if that's what the family wants then you go along with it. There's no use creating enmity with your new family.

Thanks
Re: What To Do When A Woman Insist On Court Marriage by manee2(m): 9:43am On May 03
She is not trustworthy.

Is she from a broken home ?

Yes!

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