One marriage two ceremonies
We have been married for three years now. We got married in a civil ceremony against the wishes of our very religious families and are now considering a religious ceremony to make our families happy. However, we are concerned about the legality of this ceremony. A friend told us there are restrictions but he could not recall what the restrictions are. Kindly guide me.
BE, Mbeya
Section 15 of the Law of Marriage Act [Cap. 29 R.E 2019] (LMA) prohibits contracting of another marriage while there is a subsisting marriage. Specifically, the section states that: (1) no man, while married by a monogamous marriage, shall contract another marriage; (2) no man, while married by a polygamous or potentially polygamous marriage, shall contract a marriage in any monogamous form with any other person; (3) no woman who is married shall, while that marriage subsists, contract another marriage. Further, the section clearly states under subsection (4) that the said restrictions do not prevent the parties to a marriage to go through another ceremony of marriage, provided that where parties who are already married go through another ceremony of marriage, such subsequent ceremony will not, subject to the provisions of subsection (5) of section 11, affect the status or the legal consequences of their first marriage.
In a nutshell, section 11 of the LMA governs the conversion of marriages from monogamous to potentially polygamous or from potentially polygamous to monogamous. While the said section permits conversion of marriages, there is a prohibition for marriages between two Christians. Section 11(5) provides that no marriage between two Christians which was celebrated in a church in Christian form may, for so long as both the parties continue to profess the Christian faith, be converted from monogamous to polygamous. It is further provided that the provisions of section 11 governing conversion of marriage will not apply to a marriage between two Christians which was celebrated in a church in Christian form, although the marriage may have been preceded or succeeded by a ceremony of marriage between the same parties in civil form or any other form. You have not told us your religion, nonetheless, we believe this explanation will guide you in your consideration for a second ceremony. You may consult a lawyer for further guidance.