What are the rights and responsibilities of parties in a marriage in Nigeria?
In Nigerian marriages, the rights and responsibilities of both spouses are influenced by various factors, including the type of marriage whether it be marriage under the Act, customary or Islamic marriage, the applicable legal system, and cultural traditions. Here are some common rights and responsibilities of spouses in marriages:
RIGHTS:
- Right to Companionship: Both spouses have the right to expect love, companionship, and emotional support from each other.
- Right to Live Together: In monogamous marriages, spouses have the right to live together as husband and wife, providing mutual support and care.
- Right to Reproduction: Spouses have the right to have children and create a family together, though decisions about family planning should ideally be made jointly.
- Right to Property: In marriages under the Act popularly called court marriage, both spouses have rights to ownership and access to marital property acquired during the marriage. Customary and Islamic marriages may have varying property rights. Mostly in customary marriage, the right to property is governed by the custom of the man.
- Right to Personal Freedom: Each spouse has the right to their individual beliefs, opinions, and personal pursuits. This is enshrined in the constitution; that is fundamental right to freedom of thought, conscience and religion. No spouse is permitted to force another to his or her religion.
- Right to Inheritance: In the event of a spouse’s death, the surviving spouse may have rights to inherit from the deceased spouse’s estate, depending on applicable laws and customs, and depending also to the type of marriage they had.
- RESPONSIBILITIES:
- Mutual Support: Spouses are expected to provide emotional, financial, and physical support to each other.
- Fidelity: Faithfulness and loyalty to one another are essential responsibilities in a marriage.
- Nurturing and Raising Children: If the couple has children, both spouses are responsible for their upbringing, care, and education. By the joint reading of Sec 30 &31 of the Criminal Code Act It is mandatory that spouse provide for the children of the marriage.
- Communication: Effective communication is vital in a marriage, and both partners have a responsibility to listen and communicate openly and honestly.
- Collaboration in Decision-Making: Major decisions regarding the family should be made jointly, with both spouses having a say in the matter.
- Shared Financial Responsibilities: Both spouses should contribute to the financial well-being of the family, either through financial contributions or managing the household.
- Respect: Both spouses have a responsibility to treat each other with respect and consideration.
It’s important to note that the rights and responsibilities in Nigerian marriages can vary based on the type of marriage (marriage under the Act (court marriage), customary, or Islamic) and the specific cultural practices of the ethnic group involved. Additionally, societal norms and individual circumstances may influence how these rights and responsibilities are practiced in reality.
In recent years, efforts have been made to promote gender equality and women’s rights in Nigerian marriages, aiming to protect women’s rights in divorce, inheritance, and other family-related matters. However, challenges and disparities may still exist, especially in customary and Islamic marriages, where traditional practices can impact the rights and well-being of women.
Read also;Conditions for Divorce in Nigeria
The distribution of matrimonial property upon divorce or the death of a spouse in Nigeria is governed by different laws, depending on the type of marriage whether marriage under the Act, customary, or Islamic and the applicable legal system in the specific state
Marriages under the Act (court marriage): For couples married under the Marriage Act, the distribution of matrimonial property upon divorce or the death of a spouse is guided by the Matrimonial Causes Act. This act allows for equitable distribution of assets acquired during the marriage. Equitable distribution means that the court will divide the property in a manner it deems fair, considering factors such as the length of the marriage, the financial contributions of each spouse, and the needs of the parties and any children involved.
Customary Marriages: In customary marriages, the distribution of matrimonial property varies depending on the customs and traditions of the specific ethnic group involved. Some customary systems may not recognize individual ownership of property and may view assets as belonging to the extended family or clan. In such cases, the court may apply customary law principles to determine the distribution of property. Some custom exclude women in the distribution of the property of the deceased, such custom is repugnant to natural justice, equity and good conscience and should be expunged
Islamic Marriages: Under Islamic law, the distribution of matrimonial property is handled in accordance with Sharia principles. Sharia law recognizes the concept of “Mahr,” which is a mandatory payment or gift from the husband to the wife, typically agreed upon before the marriage. In case of divorce, the wife is entitled to retain her Mahr. Additionally, Sharia law may govern the distribution of other assets based on specific Islamic legal principles.
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In conclusion, it’s important to highlight that Nigeria has made efforts to harmonize its legal systems to address issues relating to the distribution of matrimonial property and the rights of women in marriage. Some states have enacted laws that protect the rights of women in divorce and inheritance matters. However, despite these efforts, challenges still persist in ensuring fair and equitable treatment, especially for women, particularly in customary and Islamic marriages. At least we have handled handful of cases where women are excluded in the sharing of the deceased husband properties. Family law matters can be complex and may vary depending on the specific circumstances and applicable legal system, it’s always advisable to seek legal advice.
