What bride price means
Bride price is what the groom's family gives to the bride's family as part of a customary marriage.
The form varies enormously between communities. It may be money, livestock, cloth, drinks, kola, or a combination, and the list is usually set by the bride's family in accordance with local custom.
Its significance is legal rather than only ceremonial. In many Nigerian communities the payment of bride price is an essential requirement for a valid customary marriage. Without it, the marriage may not be recognised under that custom, whatever ceremony took place.
That is why the question comes up in disputes that have nothing to do with the wedding: whether a woman is a widow entitled to inherit, whether children are of a valid marriage, and whether a customary marriage exists at all for the purposes of dissolution.
It is distinct from the statutory marriage system entirely. A marriage at a registry under the Marriage Act does not involve bride price, and paying bride price does not create a statutory marriage.
How it is used
In practice most Nigerian couples marry twice.
The customary marriage, involving the families, the bride price and the traditional ceremony, recognised under the custom of the community.
And then a statutory marriage at a registry or a licensed place of worship, governed by the Marriage Act, or an Islamic marriage where that applies.
Each is a distinct marriage under a distinct system, and each has its own route to dissolution. A customary marriage is dissolved under customary law through the customary court. A statutory marriage is dissolved by the High Court under the Matrimonial Causes Act.
The practical consequence is that resolving one does not resolve the other. A couple who completed the traditional process and then married at a registry need a decree from the High Court to end the statutory marriage, however the traditional side was handled.
On dissolution of a customary marriage, many customs provide for the refund of bride price, and in some communities the refund is treated as part of what effects the dissolution. Whether and how that applies depends entirely on the custom of the community, which must be proved.
Key features
- A payment or gift from the groom's family to the bride's family
- Form and amount are set by the custom of the community
- In many communities it is essential to the validity of a customary marriage
- Relevant to inheritance, legitimacy and dissolution disputes
- Distinct from statutory marriage, which does not involve it
- Many customs provide for a refund on dissolution
How this works in Nigeria
Two areas make bride price legally significant beyond the wedding itself.
Inheritance. Whether a woman was validly married under custom can determine her position when her husband dies intestate, and disputes about the validity of a customary marriage frequently turn on whether bride price was paid and to whom. That is a reason for families to keep a record: a written acknowledgement of what was paid, signed by the recipients and witnessed, is worth having decades later.
Dissolution. Where a customary marriage is being dissolved, the refund of bride price is part of the process in many communities. Because the requirement comes from custom rather than statute, the applicable custom has to be established, and communities differ.
The wider legal framework also matters. Customary law applies subject to the tests: it must not be repugnant to natural justice, equity and good conscience, must not be incompatible with written law, and must not be contrary to public policy. Nigerian courts have applied those tests to strike down customs that operate unjustly, particularly against women and widows.
Some states have also legislated on aspects of marriage practice, and the position varies.
The practical advice for couples is unchanged and simple: know which marriages you have entered into, keep the documentation for each, and understand that ending one does not end the other.
Customary marriage vs statutory marriage vs Islamic marriage
Three marriage systems operating in Nigeria, each with its own requirements and its own route out.
A customary marriage follows the custom of the community, typically involving the families, the bride price and a traditional ceremony. It is dissolved under customary law through the customary court, and many customs provide for refund of bride price.
A statutory marriage is contracted under the Marriage Act at a registry or a licensed place of worship. It is monogamous, it does not involve bride price, and it is dissolved only by decree of the High Court under the Matrimonial Causes Act.
An Islamic marriage is contracted and dissolved under Islamic law, in the Sharia courts of states applying it, with its own requirements including dower.
Many Nigerian couples have completed the first and then the second. Both exist, both must be ended separately, and assuming otherwise is one of the most common misunderstandings in Nigerian family law.
Limits and risks
Because the requirement comes from custom, it varies between communities and must be proved by evidence rather than assumed.
Records are rarely kept, which makes proving payment difficult years later when it matters for inheritance.
The refund requirement on dissolution can also operate harshly, particularly where a woman leaving a difficult marriage must arrange for a refund her family may be unable or unwilling to make.
And customs that operate unjustly are subject to the validity tests, so a custom a family regards as binding may not be enforced by a court.
Worth knowing
Keep a written, signed and witnessed record of what bride price was paid and to whom. Nigerian inheritance disputes turn on whether a customary marriage was valid, and decades later the people who were present may not be available to say what happened.
Questions people ask
What is bride price?
The payment or gift from a groom's family to a bride's family in a customary marriage. Its form and amount are set by the custom of the community and vary widely.
Is bride price legally required?
In many Nigerian communities it is an essential requirement for a valid customary marriage under that custom. It has no role in a statutory marriage contracted under the Marriage Act.
Why does it matter for inheritance?
Because whether a woman was validly married under custom can determine her position when her husband dies intestate. Disputes frequently turn on whether bride price was paid and to whom, so a written record is worth keeping.
Is bride price refunded on divorce?
Many customs provide for a refund on dissolution of a customary marriage, and in some communities it forms part of what effects the dissolution. It depends entirely on the applicable custom, which must be proved.
Does paying bride price create a statutory marriage?
No. They are separate systems. A statutory marriage is contracted under the Marriage Act at a registry or licensed place of worship, and it is dissolved only by decree of the High Court.
We married traditionally and at the registry. Do we have two marriages?
You have marriages under two systems, each with its own route to dissolution. Ending the customary marriage does not end the statutory one, which requires a decree from the High Court.