Some Lagos-based lawyers have underscored the importance of bride price in validating customary divorces, warning that a woman may remain married even after a court-ordered divorce if customary requirements are not fulfilled
The lawyers asserted in separate interviews with the News Agency of Nigeria on Tuesday in Lagos.
According to one of the lawyers, Mrs Jumoke Ajayi, bride price plays a decisive role in the dissolution of customary marriages.
She noted that under customary law, the return or formal waiver of the bride price is central to a valid divorce.
“The mere issuance of a divorce order by a customary court does not automatically end a customary marriage.
“A woman can be divorced in a customary court and yet still be considered married if the bride price has not been returned or waived in accordance with custom.
“Failure to comply with customary requirements often leads to disputes over remarriage, inheritance and child custody,” Ajayi said.
Similarly, Mr Fatai Abdullah said disputes over bride price are common in divorce proceedings and often result in prolonged conflicts.
“In many cases, families insist that the bride price must be returned before they recognise the divorce. Customary marriages are not strictly contractual but involve extended family obligations.
“That is why customary divorce goes beyond court papers, as families must also complete the customary rites,” he explained.
Abdullah also identified domestic violence, infidelity, desertion and irreconcilable differences as major factors leading couples to seek divorce.
“Once reconciliation fails, the issue of bride price becomes unavoidable in determining whether the marriage has truly ended,” he noted.
Mrs Ruth Ojomo addressed situations where no bride price was paid at the commencement of a customary marriage, stating that parties in such cases could approach a customary court for a declaration of dissolution.
“Where no bride price was paid, its absence does not invalidate the marriage or prevent its dissolution.
“The court can dissolve the marriage once it is satisfied that a customary union existed, regardless of bride price payment.
“Under customary practices, families can also formally acknowledge the end of the marriage. Once both families agree and clearly communicate that the relationship has ended, the marriage is regarded as dissolved under custom,” she explained.
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