Download Affidavit of Fact of Customary Marriage in Nigeria

The Affidavit of Fact of Customary Marriage is a critical legal document in Nigeria used to validate marriages conducted according to Native Law and Custom.

Unlike Statutory Marriages (Court Weddings), which automatically generate a government-recognized certificate, Customary Marriages are celebrated with traditional rites (such as the payment of bride price) and may not immediately produce a document that is accepted by banks, embassies, or official bodies. This affidavit bridges that gap by converting the oral and ceremonial fact of the marriage into a written sworn statement.

Legal Recognition of Customary Marriage

Nigerian law recognizes three types of marriage: Statutory, Customary, and Islamic. Customary marriage is valid and binding. However, because it is based on tradition and lacks a centralized registry in many rural areas, proving it exists can be difficult years later. This affidavit is the standard method for a couple to retrospectively prove their union. It acts as the 'certificate' for all intents and purposes until the marriage is formally registered at a Local Government Area (LGA) registry.

Usage Scenarios

Couples typically need this affidavit when they want to open a joint bank account, apply for visas as a family, enroll children in school using the father's name, or claim spousal benefits from an employer. It is also a prerequisite if the couple later decides to undergo a 'Church Blessing' or obtain a Statutory Marriage Certificate; the registry will want proof that they are already married under custom.

Key Declarations

The affidavit is usually sworn by one of the spouses (often the husband) or a witness who was present at the traditional ceremony. It must state the date and place of the traditional marriage, confirm that the bride price (dowry) was paid and accepted, and affirm that the marriage was conducted in accordance with the customs of the bride's community. It also asserts that the marriage is still subsisting and has not been dissolved.