The Inheritance Rights of Women Who didn’t Perform Court Marriage

Customary Law marriage are marriages contracted in accordance with Native Law and customs of a particular ethnic group. I.e marriages which do not have a marriage certificate.

In customary law marriages, the wife is often regarded as the man's property and she is generally not expected to entertain any measure of equality in whatever form. She cannot enjoy the benefits enjoyed by a woman married in a marriage registry or a Licensed place of worship.

Upon her husband's death she is more likely to be dispossessed of the husbands' properties. This is not the case with a man who upon the death of his wife inherits all of her properties. The law no balance.

They inherit properties and mostly obtain rights to use them only if permitted by the husband. Even though Women can own land if they buy, inherit or are given it by their husbands; they will lose the right to farm those lands upon divorce.

Women married under customary law do not have equal rights in matters of marriage, dissolution, inheritance and right of property. The man's right always comes first.

Although there are laws that outlaw some of the many discriminatory customary and religious practices against women, in practice, enforcement is very weak.

Even though the women might inherit property from their deceased husband through statutory laws, In most cases, the property is distributed among the husband's dependants (Uncles & Sisters) by the customary law applicable to him before he died.

To circumvent this, it is highly advised to cement your marriages under the Marriage Act. Comrade's, Bride price payment is not good enough. Go ahead and get a valid marriage certificate. Craze no hard to form o, na the trekking be wahala.

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