Nigerian Family, Marriage and Divorce Law

This week we will focus on Nigerian Family, Marriage and Divorce Law. Let me start by saying It’s more permanent than a separation and involves a legal process. It means the marriage is officially over.
The divorce rate in the country has been on the increase by the day and there are so many reasons for that. This is why princess legal world went into the streets to ask Nigerians. Enjoy the excerpt A formal ending of a marriage is known as divorce.
Pastor Mrs. Edobong Akpabio is of the view that When a couple have been married for a period of time and desire to have children but this doesn’t happen, there will be stress, friction and discomfort between the couple and frustration in the union. In our climes especially, family members and friends may join to deepen these fault lines which, if not carefully handled, could lead to divorce.
Mr. Kemi Adeleye a Businessman adds that the hardship in the system has resulted into a hopeless situation for many young men who are unable to effectively support a family unit. Its beyond just keeping a woman and sleeping with her daily. There are hopes and aspirations in life for the man and woman. It includes rearing children; training them at school; feeding, clothing and providing for their healthcare needs etc. All of this require money, which has now become somewhat difficult to come by, leading to lost hopes. And when hope is lost, calamity looms. That exactly is the reason why the crime rate is increasing. This country is in every tough situation. I hope I have been able to answer your question
An astude lawyer Barrister Aronke Omame aka Sisilawyer spoke extensively about divorce being the second most stressful human experience after the death of a loved one.To her, divorce is the death of a marriage relationship. We are all created for relationship and when ours dies, we have a lot of stress. Many people ’reject’ divorce as an antidote against marriage failure and for that reason do not see when the storm is coning.
The only reason recognised by law is that the marriage has broken down irretrievably. There are many facts by which the law recognises that a marriage has broken down. These are what a party needs to prove to the court.
1. Since the wedding the other party has failed to have sexual intercourse. We call it consummation. (Once that party has one act of consummation that fact can no longer support the ground for divorce).
2. The party has behaved in an intolerable way that the petitioner finds it intolerable to live with him. (This fact is as wide as anyone can wish to expand it.)
3. The party has committed adultery and the petitioner can not live with him. (Sexual intimacy after knowing about the adultery nullifies the fact)
4. The party has deserted the petitioner for a continuous period of one year precedding the petition.
5. The parties have lived apart for 2 years and the other party doesn’t object to a divorce.
6. The parties have lived apart for three years.
7. The petitioner has not seen the other party for 7 years and has reason to believe that he/she is dead.
Divorce is rising because the foundations of many marriages are faulty.
Mr. Ralph Seriki said the causes of divorce varies with the people involved in his words
“Divorce varies as people varies
Common who controls the TV remote could cause divorce
Not having common grounds of agreement could be a reason
Irreconcilable differences is another
Sexual incompatibility like not having time for intimacy, Pressing toothpaste from the middle and not the bottom could result to that
I can go on and on and on…..
Anything can cause divorce”
Barrister Adedoyin Shobiye slightly withholding on the issue has this to say
“If I’m to answer, in this frame of mind, I will say, greed, insatiable, pressure (family or peer) and covetousness.
Some marry for money, some for marrying sake, some test the sea with both feet, some for fun, while some where forced to either by circumstances or environment, the list is endless.
Some see marriage as a get away, some see it as divine. It all depends on our disposition”
And Julian Omolara responded that if you are not happy with your marriage, if the home is lik a military Zone, if you can’t play with whom you call your husband. He is always looking angry even the children are scared going close him what you get from such a marriage at end is divorce.
In conclusion sometimes people disagree on things sometime little and sometimes big depending on the frequency of its occurrence a partner can throw in the towel and they a divorced.
Nigerian law is clear on divorce and it’s advisable to be done in the presence of a lawyer.
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Those who spoke about divorce

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