Some Lagos-based lawyers have warned that a customary marriage may not be fully dissolved unless the bride price is returned or formally waived, even where a customary court has issued a divorce order.
Speaking in separate interviews with the News Agency of Nigeria on Tuesday, the legal practitioners said bride price remains a central element in validating the dissolution of customary marriages, unlike statutory marriages governed by the Marriage Act.
Mrs Jumoke Ajayi explained that under customary law, a divorce order alone does not automatically end a marriage if the bride price has not been returned or waived according to tradition. “A woman can obtain a divorce in a customary court and still be regarded as married if customary requirements are not fulfilled,” she said, noting that such lapses often lead to disputes over remarriage, inheritance and child custody.
Another lawyer, Mr Fatai Abdullah, said disagreements over bride price frequently prolong divorce proceedings, as extended families often insist on its return before recognising the end of the marriage. He added that customary marriages involve family obligations that go beyond court documentation.
Abdullah identified domestic violence, infidelity, desertion and irreconcilable differences as common reasons couples seek divorce, stressing that once reconciliation fails, bride price becomes a decisive issue in confirming whether the marriage has truly ended.
Addressing cases where no bride price was paid, Mrs Ruth Ojomo said such marriages could still be dissolved by a customary court once it is satisfied that a customary union existed. She added that mutual agreement by both families, formally communicated, could also dissolve the marriage under custom.
Mr Chibuikem Opara distinguished customary marriages from statutory marriages, noting that marriages contracted under the Act can only be dissolved on grounds of irretrievable breakdown, proven through specific facts such as adultery, cruelty or desertion. He said bride price is irrelevant in statutory divorces but essential in customary unions.
Opara warned that confusion often arises where customary requirements are ignored, stressing that “where there is no evidence of bride price payment, no valid customary marriage exists,” and a marriage that never existed in law cannot be dissolved.
The lawyers urged couples to clearly identify the nature of their marriage before initiating divorce proceedings and advised customary courts to ensure all legal and traditional steps are completed to prevent uncertainty, prolonged disputes and unintended bigamy.
