The Affidavit of Parental Consent to Marriage is a mandatory legal requirement in Nigeria for individuals under the age of 21 who wish to contract a statutory marriage.
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The Marriage Act stipulates that if either party to an intended marriage is a minor (which, in the context of the Act, includes those under 21 years of age but over the marriageable age), they must obtain the written consent of their father.
If the father is deceased or of unsound mind, the mother may provide consent, or a legal guardian if both parents are unavailable.
Why is it Required?
This affidavit serves as a protective measure to ensure that young adults are entering into the lifelong commitment of marriage with the guidance and approval of their guardians.
Marriage Registries across Nigeria will strictly demand this document before publishing the banns of marriage or celebrating the union if the age on the birth certificate indicates the applicant is under 21.
Without this sworn consent, the Registrar is legally empowered to refuse to proceed with the marriage celebration.
Content and Structure
The affidavit is sworn by the parent or guardian, not the person getting married.
The deponent (parent) must state their full name, address, and their relationship to the prospective bride or groom.
The document must explicitly state the name of the child and the name of the person the child intends to marry.
The crucial clause is the unequivocal statement that the parent consents to the union freely and without coercion.
This removes any legal barriers to the marriage regarding age restrictions.
Customary vs. Statutory Context
While primarily a requirement for Statutory Marriage (Court Wedding), a similar form of consent is often required in Customary Marriages, where parental blessing is the cornerstone of the union's validity.
However, this specific affidavit is usually drafted to satisfy the requirements of the Federal Marriage Registry or local government registries to obtain a Marriage Certificate.
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