ABSTRACT
Marriage was defined in hyde vs. Hyde 1
as, the voluntary union for life of and woman to the
exclusion of others. The above definition relates to marriage
under the act 2.
However, under customary law
marriage is defined as the union of one man and his wife or
wives. It does follow from the above definition, which under
customary law, unlike marriage under statute, a man could
marry more than one wife. All over the world, marriage is
the root of the family’s it is only by marriage that a
woman can obtain the right to be supported by the man. As
soon as a woman is married, her domicile 3 changes with that of her husband and this has a significant effect on her legal status.
Historically , under the
common law, there were several constraints on the legal
capacity of a married woman but the various disabilities were
culminated through the gradual process of law because under a
statutory law marriage, there is the concept of unity a
married woman was divested of her legal capacity to contract
and own property.
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- (1866) L.R.I.P.D 130.
- The act referred to here means the marriage Act of England of the marriage Act, now 1990, laws of the federation of
Nigeria.
- See (1) matrimonial cause act 1990, which state that a person’s domicile in Nigeria.
Among the legislation in rectifying the imbalance is the married woman property act 4, which is designed primarily to protect the earnings of the married woman.
There was also the married woman’s
property act of 1882, which allows a wife to keep anything
she acquired by gift or purchase. The laver act was
subsequently amended and regulated and protected the married
woman’s capacity to acquire and dispose of property by
altering the law on for and contract so that she could sue
as if she were “feme sole”5
under the statutory law marriage, a woman could inherit her
late husband’s property, keep joint account with the husband’s
credit. The woman could decide not to bear the husband’s name
and this does not alter legal status in the society.
However, under customary law marriage, the wife is more or
less regard as a “Hat” which the man could out on and drop
at will as if she were property. The legal status of a
married woman in domicile, is almost the same as under the
statute, a woman married under customary law can never inherit
her late husband’s property. Whatever she owns in terms of
property after her death, especially if a woman could pledge
her husband’s credit under customary law marriage.
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- Married woman property Act of 1870. Also married woman property law cap 76, law of western Nigeria.
- 1959, 1959 cap 98, law of Bendel state, applicable to Delta State.
Her citizenship, in most cases
does not change, in most societies in Nigeria, on the death
of a woman, her corpse is sent back to her family, under
customary law marriage, the marriage of the woman is to the
family, hence after the death of her husband, she could be
bequeathed to another man within the family.
This work will briefly discuss
the formation of marriage under the act and under customary
law and examine the legal status of a married woman under the
act and under customary law marriages, with references to,
the legal Capacity of ownership of property by a married
woman and would also discuss her status with reference to
inheritance of personality and realty.
This work will also
focus its attention on the capacity of a married woman that
has no issue both under customary law marriage and statutory
law marriage.
Also to be examined is
the legal effect of contract in tort and criminal law of the
husband and wife under both systems of marriage. Issue like
domicile and citizenship 6 valid issues that can change a woman’s legal status will be examined.
Finally, all related laws would be r-examined, their in adequacies highlighted and suggestions made.
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- The Latin term simply means. A single woman including those who have been married see 24 and 25 1979 constitution
- of the federal republic of Nigeria.
This work comprised of five
chapters in aunt shell chapter one is a general discussion on
marriage in Nigeria. While chapter two deals on statutory
marriage. Chapter three, customary law marriage will be
examined. Chapter four will focus on the legal status of a
married in Nigeria. A comparative study. While in chapter five
some of the inadequacies will be highlighted, suggestions made
and conclusion.