Legally, it is recognized that a marriage and by extension,a family constitutes the most important unit of society and as such should be protected as a matter of public policy. This thus explains the need for a legal regime governing matrimonial disputes and divorces in Nigeria.
This article will be looking at the topics of :-
– The legal framework governing matrimonial disputes in Nigeria.
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– The available matrimonial dispute remedies under Nigerian Law.
– The grounds for marriage dissolution.
– The standard of proof in matrimonial causes under Nigerian Law.
What constitutes the legal & regulatory framework governing Matrimonial disputes in Nigeria?
Matrimonial Causes are governed by the Matrimonial Causes Act of Nigeria & The High Courts of Nigeria.
What are the actual legal remedies available in courtroom matrimonial disputes in Nigeria?
The available reliefs in matrimonial causes under Nigerian Law are :-
– Marriage Dissolution/Divorce decrees.
– Marriage Nullification orders :- Where a marriage is deemed by a court to have never existed in the first place e.g.
– Judicial Separation orders :- Which take away cohabitation & conjugal rights from an otherwise still valid marriage.
– The restitution of conjugal rights.
– Jactitation of Marriage :- Which allows ex-spouses to still legally bear their marriage surnames.
– Maintenance orders for ex-spouses.
What are the acceptable grounds for dissolving a marriage under Nigerian Law?
A marriage can be dissolved on irreconcilable differences based on :-
- A lack of consummation.
- Intolerable infidelity.
- Gross irresponsibility of spouse.
- Desertion of a spouse.
- Living apart for a period of at least 2 years.
- The evidential presumption of death upon proof of a spouse being missing for at least 7 years.
What is the scope of the Matrimonial Causes Act?
The act applies strictly to statutory marriages entered into at a marriage registry under Nigerian Law.
Is polygamy allowed under the Act?
No, no person married under the act is allowed to contract a second marriage as this constitutes the offence of bigamy punishable with an improvement term of up to 7(Seven) years.
Are customary marriages under the jurisdiction of the Act?
No, they’re not. But a divorce carried out under customary law will be invalid where the couple also got married under the Act.
When is a marriage deemed void under the Act?
A void marriage is one which is deemed to have never happened and occurs where :-
- One of the persons entering into a marriage was in fact already married to another person at that time.
- Parties are within a relationship deemed prohibited under Nigerian Law by virtue of the spouses being traceable actual family relatives.
- There was no valid consent by either or both parties to a marriage.
- A party in a marriage is actually a minor below the age of 18 years.
When will a marriage be deemed voidable under Nigerian Law?
A marriage is voidable when the law gives its parties the option to have it set aside on the basis of :
- Insanity
- One of the parties having a venereal disease at the time of the marriage
- The discovery of a pregnancy belonging to a 3rd party at the time of marriage.
- The inability of either party to a marriage to consummate it.
What is the standard of proof required in Matrimonial disputes in Nigeria?
The standard of proof required in matrimonial causes under Nigerian Law is “The satisfaction of the court” which simply means satisfying the court that a marriage has broken down irretrievably to have it dissolved or voided.