Recognition Of Monogamous Marriages Celebrated Abroad

The Marriage Act does not provide expressly or by necessary implication for the validity or recognition of marriages celebrated abroad. Rather, Nigerian courts tall back on conflict of law rules in dealing with these questions. By the conflict of law rules Nigerian courts will recognize a monogamous marriage celebrated abroad if it complies with the lex loci celebrationis as to form and if each of the parties, thereto possess the capacity to marry each other under the law of his or her antenuptial domicile. Where such marriage would have been void if celebrated in Nigeria the proper test for recognition has been stated by Simon, P, in Cheni v Cheni, thus:

What I believe to be the true lest(s) whether it is so effective to the conscience of the English (Nigerian) court that it should refuse to recognize and give effect to the proper foreign law. In deciding that question the court will seek to exercise common sense, good manners and a reasonable tolerance.

A marriage celebrated abroad will be treated as monogamous here if it is recognized by the' law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuantx of the marriage.

The non-customary rules on matrimonial causes in Nigeria apply with equal force to monogamous marriage celebrated under the Marriage Act or abroad.