July 24, 2025

Void Marriages in Nigeria: Protect Your Future Now

by Ekosolicitors

Introduction

Finding out your marriage isn’t legal hurts, especially after years of trust. Void marriages have no legal status and give no spousal rights. So, knowing what makes a marriage void helps you avoid pain. This article covers void marriages in Nigeria, their causes, when to seek annulment, and who can file.

What Are Void Marriages?

A void marriage, even with a ceremony, isn’t legal. It offers no spousal rights. The law sees it as never existing. However, a voidable marriage stays valid until a court cancels it. For example, a decree of nullity shows no valid marriage ever happened.

Grounds for Void Marriages in Nigeria

Section 3 of the Matrimonial Causes Act actively specifies the circumstances that render a marriage void.

Bigamy

If one spouse is already married, the new marriage is void. A statutory marriage needs both people to be single. Thus, an existing marriage makes the new one invalid.

Close Relationships

Marriages between close relatives—by blood or marriage—are void. Sometimes, a High Court Judge’s approval allows marriages between those related by marriage.

Breaking Marriage Laws

A marriage fails if it doesn’t follow local legal rules. For example, using fake names, missing a marriage certificate, or holding the ceremony in the wrong place voids it.

No Consent

Without free agreement from both spouses, a marriage is void. Fraud, force, or mistakes in consent cancel it. Also, a mental issue making someone unfit for marriage or a mistake about the other’s identity voids it.

Underage Spouses

Both spouses must be old enough to marry. The Child Rights Act sets the age at 18. If either is too young, the marriage isn’t valid.

When to File a Petition for Annulment of Void Marriages

A void marriage isn’t legal, so no court order ends it. However, you can still ask a High Court to confirm it’s void. You can do this anytime, even after a spouse dies.

Who Can File for Annulment of a Void Marriage?

Either spouse can file to declare a marriage void. Additionally, someone else, such as a person already married to one spouse, may also file. In rare cases, the Attorney-General can file too.

Case Study on Void Marriages

IIn 2005, Mr. Emeka Okafor married Mrs. Ngozi Okafor in Lagos. They had three kids and owned property. Ngozi didn’t know Emeka was already married to Ms. Aisha Bello in Kano since 1995. That marriage was still valid, and they had two kids.

After Emeka died, Aisha claimed her rights as his first wife in a property dispute. Ngozi learned her marriage was void due to bigamy. Section 3(1)(a) of the Matrimonial Causes Act says a marriage is void if one spouse is already married. Aisha’s marriage was legal, so Ngozi’s wasn’t. A court would issue a decree of nullity, not a divorce, to confirm this.

Conclusion

A void marriage has no legal standing and offers no rights. Knowing why a marriage is void prevents legal and emotional trouble. If you have questions about void marriages or family law, contact us for help.