Marriage annulment

Yes. The answer explains that an annulment (nullity) of marriage in Nigeria is the process of declaring a marriage void or voidable under the Marriage Act and the Matrimonial Causes Act, and that it is distinct from divorce. It notes that a void marriage does not require a decree to end, while a voidable marriage requires a decree and can be voided on specific grounds; it outlines the Act’s grounds for void and voidable marriages, including existing lawful marriage, prohibited degrees of consanguinity or affinity, invalidities at celebration, lack of consent (fraud, duress, mistake, insanity), marriageable age, incapacity to consummate, unsound mind, venereal disease, pregnancy by another man, and other restrictions. It also mentions who may file (any interested party for nullity; only parties for divorce) and the effect of a decree (nullity from the date of decree; not affecting legitimate children). For further enquiry, you may visit our Profile.

Yes, Annulment of marriage exist in Nigeria for further question you may visit our Profile.

Yes. An annulment of Marriage exists in Nigeria. See Section 2 (2) of the Matrimonial Causes Act. However, its is not all marriages can be annulled, to wit; a void marriage need not be annulled as it is deemed to have never taken place while a voidable marriage can be annulled at the option of either party and remains valid until set aside or annulled.
A marriage would be annulled where;
i. At the time of the Marriage, either party is incapable of consummating the marriage
ii. At the time of the Marriage, either party is of unsound mind or a mental defective or subject to recurrent attacks of insanity or epilepsy
iii.   At the time of the Marriage a party to the Marriage is suffering from a venereal disease in a communicable form
iv. The  Wife is pregnant by a person other than the husband at the time of the marriage. (This ground however has exceptions. See Section 37 Matrimonial Causes Act. The wife cannot petition for annulment and a husband who had knowledge of the pregnancy at the time of the Marriage cannot as it would amount to condonation. Lapse of time and conduct of husband after knowledge of the pregnancy   i.e. sexual intercourse is material to whether he can petition)

Please see Section 5   Matrimonial Causes Act.

The Decree of nullity shall annul the marriage once granted. What a Petitioner therefore needs is to consult a family lawyer to advise and see if the facts of his/her case fall under marriages that can be annulled and assist in taking steps towards annulment if that be his/her goal. for further questions, you may visit our Profile.