Customary Marriage and Divorce Procedure in Nigeria – A Comprehensive Guide

Damilola Fadumila
Jun 18
3 min read

Updated: Jun 20

By the Family Law Team at O.I.D. Legal Consult

Customary marriage and divorce in Nigeria are not just legal events—they are cultural institutions that reflect the values, identity, and heritage of diverse ethnic communities across the country. Unlike statutory or religious marriages, customary marriages are governed by native laws and traditions, each with distinct procedures, implications, and requirements. This post provides a complete guide to understanding the nature, process, and challenges of customary marriage and divorce in Nigeria.

🔍 What is Customary Marriage in Nigeria?

A customary marriage is a union recognized under the native laws and customs of the parties’ ethnic groups. It is legally valid in Nigeria as long as it follows the established customs of the community involved. One of the defining features of customary marriage is its potential for polygamy, allowing a man to marry more than one wife if his tradition permits.

Unlike statutory marriage, which is strictly monogamous under the Marriage Act, customary marriage emphasizes family involvement and communal consent, often treating marriage as a union between two families rather than just two individuals.

✅ Key Requirements of a Valid Customary Marriage

While the details may vary by region or tribe, these are common elements:

Capacity: Both parties must be eligible to marry under their native customs, and not closely related by blood.
Consent: Consent of the bride, groom, and both families is essential.
Bride Price & Gifts: Payment of bride price (money, drinks, livestock, etc.) is usually required and symbolizes respect—not ownership.
Traditional Ceremony: Includes local rituals like sharing kola nuts, prayers, dancing, and feasting.
Witnesses: Representatives from both families must be present to legitimize the union.

🎉 Cultural Practices & Symbolism

Customary weddings are vibrant, rich in tradition, and deeply communal. Notable customs include:

➤ Introduction Ceremony (“Knocking on the Door”)

The groom’s family formally visits the bride’s family to seek her hand, offer preliminary gifts, and begin marriage negotiations.

➤ Traditional Outfits

Couples often wear colorful attire representing their ethnic heritage, including beads, wrappers, and headdresses.

➤ Community Celebration

Ceremonies involve traditional music, dance, and large feasts, emphasizing social unity and celebration.

💔 Customary Divorce: How It Works

The dissolution of a customary marriage does not follow the same rigid process as a statutory divorce. It can be informal or formal (through a customary court), depending on the community’s traditions.

Informal Dissolution

Either party (usually the husband) may declare the intent to end the marriage.
Return of bride price is required in most communities, which formally terminates the union.

Formal Dissolution (via Customary Court)

Ideal when there’s a dispute over children, property, or spousal welfare.
The court considers native customs and may attempt reconciliation before granting divorce.
Once reconciliation fails, the court issues a declaration of dissolution.

Common Grounds for Customary Divorce

These are not codified like statutory divorce grounds but often include:

Adultery
Cruelty or physical abuse
Desertion or neglect
Impotence
Irreconcilable differences

⚖️ Customary vs. Statutory Marriage & Divorce – Key Differences

Feature	Customary	Statutory
Legal Basis	Native Law & Custom	Marriage Act / Matrimonial Causes Act
Nature	Polygamous (if permitted)	Strictly Monogamous
Consent	Couple + Families	Couple Only
Bride Price	Required	Not Required
Ceremony	Traditional	Court/Religious Setting
Divorce Process	Informal / Customary Court	Formal High Court Proceedings
Return of Bride Price	Usually Required	Not Applicable

🚨 Contemporary Issues & Legal Challenges

Despite its cultural importance, the customary system faces several challenges:

👧 Child Marriage

Many customs do not specify a minimum age, making child betrothal and early marriage a recurring concern.

👩 Women’s Rights

The requirement to return bride price can be unjust to women—especially when the husband refuses to accept it or the woman lacks the financial means.

📑 Lack of Legal Documentation

Many customary marriages aren’t formally registered, complicating issues like inheritance, divorce, and access to legal remedies.

📝 Conclusion

Customary marriage and divorce remain vital to Nigeria’s social and legal framework. They reflect deeply rooted traditions, but must also evolve to address contemporary challenges like gender equity, child protection, and legal clarity.

At Resolution Law Firm, we help individuals and families understand, formalize, and resolve issues around customary marriages. Whether you're planning a marriage, facing a divorce, or dealing with disputes, our team is here to guide you through the complexities of native law with clarity and compassion.