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20 Nov 2015

I Want To Get Married On Sunday




At last, you would say! I have received so many "congratulations" from friends and family already. Wow! Some people are shocked that I have been mute about this exciting news for this long. But its a great thing, isn't it? It would be so nice to have me tie the knots with my guy on a cool and sunny Sunday. The thoughts itself is very romantic. I love it! LOL

What are the reasons for getting hitched on the first day of the week anyway? (Yes, Sunday is the first day of the week. Its not Monday. LOL) Is it really ok to get married on a Sunday? How would it look like to do the traditional or church wedding on that day? Are my reasons tenable in law? What is the law saying about this? Really ...

From the top of my head, I would say one of the reasons people would prefer a Sunday wedding ceremony is that its hassle-free. The traffic situation and the movement of people involved in the preparations won't be that hectic at all! With most Christian worshipers already in church and non-Christians chilling at home, Sundays are just perfect for the occasion.

Some other reason is whooped around the spirituality concept of Sundays for many Christians. "God would be present to really bless the union". So many couples would be so thrilled to think of that day as one which they would "dedicate to God" as long as they live together as couples. But ...

Let me be the first to bust your bubbles. Its NOT ok to wed on a Sunday! Its not! No, here is how it is.There are three types of wedding or marriage ceremony (whatever suits you) that are common in Nigeria. We have the traditional, court or statutory and the church/mosque weddings. They all differ in content and style. They are all valid in their own right. One is not better than the other. But in our clan, many couples choose to go for all, if not a mix of two, depending on the pocket-power of the individuals.

As an exception though, traditional marriages can be conducted on Sundays! Yes! Oh hold it, I have not contradict myself here. As the name implies, traditional wedding ceremonies are done according to the life and practice of the different tribal/ethnic peoples of Nigeria. For example, what is obtainable in the customs and traditions of the Efik ethnic people may not fly for Hausa folks. Marriages are celebrated based on what is acceptable to each community. So, traditions are not necessarily restricted by days of the week when it comes to weddings. They can hold on any day including Sundays and they are very valid legally!

A sharp contrast to traditional marriage are those done in courts or church. While church/mosques weddings may be celebrated on Sundays, court or statutory marriages cannot! A church may actually conduct weddings on Sunday or any other week-day but that does not mean its empowered to do so. It is the legal empowerment status of a church that would determine if it can celebrate weddings on Sundays or not. Such empowerment are sourced from the Marriage Registry or courts. Where a church is not licensed to solemnize marriages by the relevant Marriage Registry, what it does for couples cannot carry the full weight of the law. Those weddings may as well be referred to as western traditional marriages. LOL! The courts do not hold for such arrangements. The more reason why weddings may conveniently be conducted on Sundays in such a non-licensed organization, and no brows would be raised. Marriages of this nature are at best potential collateral damages to the couple and all concerned.

The Marriage Act and the Matrimonial Causes Act regulate marriages done within the ambit of the law. Court or statutory weddings/marriages are marriages under these Acts. These marriages are valid ab initio! They can only be validly celebrated on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays. Saturdays are special days arranged by the law for couples who are unable to meet the other days of the week. Yeah, Saturday weddings are also valid and recognized under the Act. Unfortunately, Sundays are non-juridical days (meaning, no legal process take place in such days) and so, marriages cannot be validly celebrated in a marriage registry. Those registries are locked to the public on Sundays.

Let's wrap this gist up this way, plan your traditional marriage for Sunday. That's fine. Talk with your church pastor. (Oh did I forget to include mosques as well in this piece? Please Immans too.) Find out if the church you intend to wed in, is licensed under the law. If its not, decide on whether to simply have a "blessing of marriage" that Sunday, where you are merely prayed for/on by the pastor or risk the validity or otherwise of the marriage. Better still, plan a court or statutory marriage on any day of the week, including Saturdays for your peace of mind and for everyone's happiness.

Don't we just love legal marriages? LOL! Let's make it a date next time as we look at another topical issue of our legal life. Enjoy yourselves.

Ciao!!



Alice O. Odibo is a legal practitioner and the principal partner at Odibo O. A. Co., a firm of legal practitioners & solicitors. She is a graduate of University of Benin and has 8 years experience in corporate and criminal litigation practice. She resides in Lagos. Contact details. 08057474161. aliceodibo@yahoo.com BB:26474A85
 

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