I got divorce in a customary court even though I wed in church and the custody of our two kids were given to me. It is now two years and some months that we have not live together and even since their custody was given to me, I have not allowed her to see them. Now I want to go to high Court to finalise the divorce, will I still be able to get their custody and how long will it last.
1 Answer from Attorneys
there are two main types of marriges. Customary marriage and statitury marriage.
the fact that you had a church wedding des not make it a statutory marriage.
my assumption is that you had a customary marriage and that was why the customary court assumed jurisdiction over the marriage and granted you divorce. you don't need a second divorce, particularly since your former spouse is not contesting the divorce granted by the customary court.
I do suggest that you see a lawyer and explain the kind of marriage you had in order to be sure that the customary court actually had power to grant the divorce, otherwise, you may find later that the marriage is still valid under law.