Issues in marriage that must be taken very seriously

A widow mourning faces multiple situations she never envisaged before her husband’s death following an accident. Here is the situation with Angel, a mother of three:

An invalid marriage under the Marriage Act:

People aspiring to conduct their marriage ceremonies in new generation churches neglect to check that their preferred churches are licensed under the law to conduct legally binding marital unions.  A significant percentage of these younger churches do not bother, or even realize, that they are required to obtain authorization before exercising such powers over their congregation.

Angel, unfortunately, is not recognized as the legal wife of her husband and so could find herself unable to claim all that a wife is entitled to, at his death. Her problem is compounded by the belligerent stance of her in-laws who are glaringly looking out for themselves.

Her husband’s personal law

A very brief explanation of what ‘personal law’ is:

Every Nigerian has a personal law he or she carries about from birth, which is usually the customary laws of the place of origin of the father. For women, that changes when they marry properly under the applicable Marriage Act. Their husbands’ personal laws replace those of their fathers. For men, generally, it is interpreted that they choose to have a different law apply to them when they elect to marry a woman under the applicable Marriage Act. Where such a marriage is not conducted in line with all the requirements of the Act, it is deemed illegal and so, the man’s personal law automatically applies to fill the gap.

In Angel’s case, since there was a small traditional ceremony – an introduction took place between the families – the personal law of her late husband , which is the customary laws of the Kabba people of Kogi State, will, most probably, apply to her situation.

A significant percentage of customary laws in the country do not give priority to a wife’s welfare after her husband’s death. So, you get a picture of her present state of mind. She never knew those customs before now. She may be consoled, however, if that custom provides for her 4 children, especially the boys, from her husband’s estate. Until she really finds out what the custom states, it is mere conjecture.

Her husband’s properties

Houses and land

She is trying to locate the title documents of the properties she knows belongs to her husband, although she admits that she may not have the total picture as he was not keeping abreast of his financial dealings. She may also never know exactly what her husband’s siblings took as they took advantage of her vulnerable state to ransack her residence.

The reality of her ‘illegal wife’ status highlights the advantage that would have accrued to her if her husband had bought some of their properties  directly in her name or given them to her as gifts in his lifetime, with proper gifting documents clearly stating her name.

i.    Cash at bank

As the burial plans commenced, she found that casfor everyday-living was running out; she knew her late husband’s bank accounts were well-funded but she had no clue how to access. When she plucked up the courage to call on his account officer, he reeled out the steps to be taken and the numerous documents that must be produced for anyone to have access to his accounts.

This could have been avoided if the man had agreed to have her as a joint signatory to some of his well-funded accounts. Since that proposition was “strange” and unacceptable to him, as I have found it to be to so many Nigerian husbands,  he could have registered her as his Beneficiary Designation , with instructions that the bank implements his Payable-On –Death provision in respect of his accounts.

Life insurance policy

She is hoping that the life insurance policy she found in the desk drawer in his study would be paid out to her, as she plans to pay the company a visit as soon as possible – that is, at a time her leaving the house during her mourning period, will not be negatively interpreted by her ‘in-laws’.

If it is confirmed that she had been named as the sole beneficiary of the life insurance proceeds, all things being equal in Nigeria, she would be able to receive the funds outside the laws and proceedings governing a dead man’s estate – Marriage Act, probate court (if he left a will) or his personal law.

It is disheartening to watch as Angel runs from pillar to post, struggling to get whatever she can from the estate of a man she lived with for all of 13 years, in a marriage she truly believed was lawful, just to ensure she gets enough  for her sustenance  and those of her children.

Shouldn’t the notion of marriage as a contract people voluntarily get into, to love and care for a spouse, drive them to provide for unforeseen situations, such as this? Surely, her current predicament could have been avoided.