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No Court Marriage. Must We Separate By Going Through Divorce In Court? - Family (7) - Nairaland

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Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Snakedoctor1: 9:08am On Mar 21, 2020
Xisnin:

It is a common law marriage.
like seriously, living together and making babies is common law marriage. Chai Nairaland shocked
I'm sure you got this concept from something like this. But you should have read further down.

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by DexterousOne(m): 9:19am On Mar 21, 2020
safarigirl:


By 'approval of the father" she clearly means customary marriage (traditional), she is not wrong. Not at all

Civil marriage does not need consent of father

So on that front
She is wrong

Very wrong


What she probably meant to say was IF her father did not hand her over to you in the customary setting
Then your marriage is not complete if you took the customary way

But If you had a court wedding

Father consent does not matter
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by josite: 9:22am On Mar 21, 2020
this is what is called a common law marraige ,though not officially contracted.it is a legal marriage and you need to approach the court for a proper divorce,not necessarily the high court .

What is Common Law Marriage: A Definition. A common law marriage is one in which the couple lives together for a period of time and holds themselves out to friends, family and the community as "being married," but without ever going through a formal ceremony or getting a marriage license.


Key Takeaways

Only nine states and the District of Columbia still recognize common law marriages.
People who meet their state's common law marriage requirements will be eligible for most of the financial benefits—including federal benefits—of a married couple.
Those who move outside a state in which they established a common law marriage should check with an attorney regarding their status after the move.
A formal divorce is necessary to end a common law marriage.

Legal Marriage

In many jurisdictions, getting married requires being wed by an ordained minister or other person who has recognized authority to carry out a legal marriage. This can be done either in a religious setting or in a non-denominational or secular setting such as a city hall or court house. Here, a marriage license is issued and officially recorded. In the U.S., most states require a legal marriage in order for spousal benefits such as filing a joint tax return, sharing financial accounts, and so on.
Common Law Marriage

A common law marriage, on the other hand, will recognize a couple as equivalent to legally married even if the couple never said their vows in a civil or religious ceremony and don’t have a marriage license. While states don’t have official rules on the books regarding common law marriage, there are certain conditions that have to be met for a couple to be considered married by common law. They must:

Be a heterosexual couple living together in a state that recognizes common law marriages.
Live together for a significant period of time. Although many people believe seven or 10 years is the requisite timespan, no state provides a specific timeframe for cohabitation.
Introduce themselves to friends, neighbors, and coworkers as a married couple, calling each other “my husband” or “my wife” and even using the same last name. Also, they must file a joint tax return and have joint bank accounts and credit cards.
Be of sound mind.
Not be married to someone else.

https://www.investopedia.com/financial-edge/0210/marriage-vs.-common-law-what-it-means-financially.aspx
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by nautybride: 9:31am On Mar 21, 2020
UnknownQueen:



That's what I'm planning...he will be surprised what I'll leave behind.... May be he will come back to meet only buckets.... But I'm just afraid... What about the kids... I'm sure he won't attend to their needs again...
Dear, you will just be fine as soon as you cut your cloth according to the material available. It's 50-50. He might and he might not. Don't be surprised, when you're not with him again, he can start to feel your presence. Even if he has another woman, no one can be like you. Life! Hmmmm!

2 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by petersfleming: 9:31am On Mar 21, 2020
Well I have been seeing common law marriage littering the space since, in Nigeria we have two kind of marriage, from my training as a lawyer, the third is an hybrid
1. Marriage under the Act(whether in the church, embassy or registry falls under this one)
2. Customary marriage, predicated on the custom of people
3. The hybrid we called double decker marriage that is when the two is combined, the law is to the effect, that the last one conduct governs the union( you know our people often perform customary first)

josite:
this is what is called a common law marraige ,though not officially contracted.it is a legal marriage and you need to approach the court for a proper divorce,not necessarily the high court .

What is Common Law Marriage: A Definition. A common law marriage is one in which the couple lives together for a period of time and holds themselves out to friends, family and the community as "being married," but without ever going through a formal ceremony or getting a marriage license.


Key Takeaways

Only nine states and the District of Columbia still recognize common law marriages.
People who meet their state's common law marriage requirements will be eligible for most of the financial benefits—including federal benefits—of a married couple.
Those who move outside a state in which they established a common law marriage should check with an attorney regarding their status after the move.
A formal divorce is necessary to end a common law marriage.

Legal Marriage

In many jurisdictions, getting married requires being wed by an ordained minister or other person who has recognized authority to carry out a legal marriage. This can be done either in a religious setting or in a non-denominational or secular setting such as a city hall or court house. Here, a marriage license is issued and officially recorded. In the U.S., most states require a legal marriage in order for spousal benefits such as filing a joint tax return, sharing financial accounts, and so on.
Common Law Marriage

A common law marriage, on the other hand, will recognize a couple as equivalent to legally married even if the couple never said their vows in a civil or religious ceremony and don’t have a marriage license. While states don’t have official rules on the books regarding common law marriage, there are certain conditions that have to be met for a couple to be considered married by common law. They must:

Be a heterosexual couple living together in a state that recognizes common law marriages.
Live together for a significant period of time. Although many people believe seven or 10 years is the requisite timespan, no state provides a specific timeframe for cohabitation.
Introduce themselves to friends, neighbors, and coworkers as a married couple, calling each other “my husband” or “my wife” and even using the same last name. Also, they must file a joint tax return and have joint bank accounts and credit cards.
Be of sound mind.
Not be married to someone else.

https://www.investopedia.com/financial-edge/0210/marriage-vs.-common-law-what-it-means-financially.aspx
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Liftedhands(f): 10:13am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
Since no bride price was paid and no legal documents to support the union, both can go their separate ways and kids BELONGS TO THE WOMAN. You can't eat your cake for free and still get takeaway tongue
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Liftedhands(f): 10:16am On Mar 21, 2020
Dereformer:


A lady that enters into this kind of relationship is too cheap. Very very cheap girl.

That's my take.
And the guy is what?

1 Like

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 10:26am On Mar 21, 2020
UnknownQueen:


I'm in Ogun state......
there should be something like that for you state. I hope you have evidence that you contributed money for his business, including receipts
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by abijaofficial(m): 10:55am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
Approch the Family Court for Custody issues for the children and their welfare too
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by mechanics(m): 11:05am On Mar 21, 2020
No proof of wedding rite, they will go their separate ways, it's even wrong and unbiblical for people to stay together without doing the needful.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Summer65: 11:06am On Mar 21, 2020
SUPERPACK:
Google Map can help out in this type of situation.

Thanks@Superpack
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Summer65: 11:07am On Mar 21, 2020
Summer65:


Thanks@McTobe
McTobe:
Do a little research, use google map and check the location of US Embassy, then check for hotels that are within 5-6kilometers from the embassy. I am sure you will see. Then check the hotels individually for their room reservations and rate. Good luck to your Granny . NB: I just did the check before suggesting it.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Truthbites: 11:12am On Mar 21, 2020
Separate how you want .but the interest of the kids is Paramount. Go to any women's affairs or organization or other bodies involved...child welfare bodies etc, they will advise parties on how to go about the situation
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by wirinet(m): 11:16am On Mar 21, 2020
Liftedhands:
Since no bride price was paid and no legal documents to support the union, both can go their separate ways and kids BELONGS TO THE WOMAN. You can't eat your cake for free and still get takeaway tongue
So you are saying about man that father's 3 children has no responsibility for the children once the man leaves the relationship to start another one?
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Liftedhands(f): 11:21am On Mar 21, 2020
wirinet:

So you are saying about man that father's 3 children has no responsibility for the children once the man leaves the relationship to start another one?
Legally He can't lay claims to the children but he should take care of them.


They are his responsibility if he is a responsible man but seeing that he didn't legalized the union in the first place shows such men aren't usually responsible.

That's why we have many single mothers raising kids alone.

A woman rarely leaves her kids whether married to their father or not.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by UnknownQueen(f): 11:40am On Mar 21, 2020
funmisticqueen2:
there should be something like that for you state. I hope you have evidence that you contributed money for his business, including receipts

I made the transfer 2 years ago from fcmb......

But when he making purchases, he was buying them in his name alone as usual...
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 1:05pm On Mar 21, 2020
UnknownQueen:


I made the transfer 2 years ago from fcmb......

But when he making purchases, he was buying them in his name alone as usual...
if your lawyer can link it with when he started his business, hopefully you fight for custody, property rights and alimony.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by MariyaFullata: 1:07pm On Mar 21, 2020
MariyaFullata:
The way u entered into the union without involving anyone is the same way u can leave without involving anyone and trust me, no one will notice.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Jman06(m): 1:15pm On Mar 21, 2020
worworbabe:
I don't know the kind of desperation that makes women sleep with, move in with and have babies with men who did not find them valuable enough to marry.

Having babies won't keep a man, u no go hear.
They call it "love"!
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by InvertedHammer: 1:47pm On Mar 21, 2020
Remijuice:

Ok
Just that I always read these PM News or something (all these Igando Customary Court). You will find out that most of the cases of Infidelity or Domestic violence before the Court, most of the people involved were never married legally before the court.
They would be like "he got me pregnant when I was 20 years old, he promised me he will take care of me bla bla bla".
/
If you take your case to court, they will entertain your case. That's all.
It is up to the other party to challenge the jurisdiction of the court. Then the court will reassess. In legal matters, there are many ways to skin a cat.

\
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by immaq8(f): 2:37pm On Mar 21, 2020
obviously, no marriage involve. the woman will go with her kids except she wishes not to do so.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by elyonchee(f): 3:00pm On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
you are not married, so you can't apply for divorce proceedings. Just apply for custody of the children and how the kids will be taken care of depends on who the court chooses as primary care giver.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 3:55pm On Mar 21, 2020
Remijuice:

What about the kids

I think it will be settled via customs and traditions of the people Involved
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Pmedia7787: 4:32pm On Mar 21, 2020
UnknownQueen:

I'm presently going thru this...

We are married.... Registry, church traditional..

He wants me to pack and leave his house before or on March ending...

He said I can always come to check the kids, girl 5 years, boy 1 year 3 months.

He didn't talk about assets sharing.

He has a landed property and started work on it but not yet completed yet.
I invested almost 500k into the laundry business he has.... Bought Gen, geepee tank washing machine.... Irons, shop rent etc.

But he is asking me to leave just like that... If not he will cause a scene....

How do I go about this?


Leave him to pull more stunts

He is in for more wahala than you think
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Legendguru: 5:26pm On Mar 21, 2020
You separate how you started by doing it verbally.

Mi o she mo

I no do again

Kpa fit aka

Na go De

I am calling it off

Biko
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 5:52pm On Mar 21, 2020
gouken2:
The way u entered into the union without involving anyone is the same way u can leave without involving anyone and trust me, no one will notice.

Ah! This is SAVAGERY UNDILUTED. As in, ZERO MERCY! grin
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by merits(m): 6:59pm On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
Go and pay your wife � bride price simple.you are the one stop liein to us here.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by showbiz4all27(m): 8:44pm On Mar 21, 2020
Jah bless you for this...all these owambes without government consent with legal pali are just noise making cohabitating.

DexterousOne:


WRONG

one who did not get married via the legal route (Civil or Customary) did not get married.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Honeydenz(f): 11:31am On Mar 22, 2020
worworbabe:
I don't know the kind of desperation that makes women sleep with, move in with and have babies with men who did not find them valuable enough to marry.

Having babies won't keep a man, u no go hear.
You talk like a child. It's not all about valuable enough to marry. The question is where is the money? Do you know how much it takes to fund an introduction, traditional and white wedding? Not everyone has the money to sponsor a wedding that's why, it's not about value.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by worworbabe: 12:32pm On Mar 22, 2020
Honeydenz:

You talk like a child. It's not all about valuable enough to marry. The question is where is the money? Do you know how much it takes to fund an introduction, traditional and white wedding? Not everyone has the money to sponsor a wedding that's why, it's not about value.
Who is the child here if not you. Will anyone put a gun to your head to invite your whole village to a wedding?
Don't people have court weddings without even a third party? How much does it cost to have a wedding at the registry. How come you can afford data but can't afford to pay for a registry wedding? Na sense you lack.

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