What to know/expect under Customary Marriage

Customary/Traditional marriage (engagement) is potentially polygamous. The man can decide to marry as many wives as he so wishes and all must be done customarily. There is no limit on the number of women the man can marry customarily.

The man cannot enter into marriage under the Ordinance with another woman without divorcing/ending the Customary marriage

Bible and ring are foreign to Customary marriage and need not be presented as part of items for the marriage

Presentation of Bible and ring signifies a promise to enter into Ordinance marriage with the woman in a reasonable time and failure to do so, constitute a breach that the woman can seek redress at the court.

Since Customary marriage is potentially polygamous, the woman cannot bring an action of bigamy if the man decides to marry another woman in addition to her.

ESSENTIAL ELEMENTS 1. Consent between the man and woman to marry.              2. Consent of parents of both parties.                                         3. Presentation of gift by the man and members of his family to the woman’s family to ask for her hand in marriage.                                     4. Celebration of the marriage.                                    5. The man and woman living together as husband and wife.

Customary marriage can be registered at the Municipal Assembly or District where the couples will be residing. They should be accompanied by one (1) witness from each side and pay a fee for the registration.

Did you know Ordinance Marriage nullifies Customary Marriage?

Ordinance marriage (court/registrar/wedding) nullifies Customary/Traditional marriage (engagement).

The very moment an Ordinance marriage is performed after a Customary marriage, the Customary marriage ceases to exist and has no effect whatsoever.

Even if Customary marriage is performed after Ordinance marriage, which usually takes the form of couples going to sign at registrar’s office, Ordinance marriage will take precedence over the Customary marriage and couples can only claim under the Ordinance marriage and not the Customary marriage.

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