The dissolution of a Customary Law marriage is quite different from the dissolution of a marriage celebrated under the Act: that is, a marriage celebrated in a licensed place of worship or in a Registry. statutory marriages. Going through the court proceedings, an ordinary man on the street will not be otherwise persuaded that witchcraft was not the reason for the dissolution of the said marriages even where it … _____. BAOBAB Legal Literacy Leaflet No. Divorce (or the dissolution of marriage) in South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Where the ground(s) for dissolution of marriage is adultery, the alleged co adulterer must becomes a party to those proceedings, (see order 3 rule 2(5) of the matrimonial causes rules 1983). This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". Generally, whether dissolution of customary marriage is sought judicially or extra-Judicially, no reason or ground need be stated or given by the party seeking dissolution. It states that the court may make a decree of dissolution on the ground that the marriage has broken down irretrievably. 20 October 2012. Getting a divorce in Nigeria is not as easy as getting married. 4 It is the effect of the juxtaposition of the statutory marriage on the customary marriage on which the co-existence and conversion theories arguments are anchored. Lastly, the view as expressed in the paper is that there is only a single ground for the dissolution of marriage under the law in Nigeria. In Florida, prior to 1971, there were nine possible statutory grounds for dissolution of marriage. In Iowa, a divorce can be completed on average in a minimum of 90 days, with court fees of $185.00. But the marriage must have broken down irretrievably. Correspondence with the Research Directorate. In 1990, Matrimonial Causes Act was developed and became a part of the Laws of the Federation of Nigeria. The process for getting a divorce and acceptible grounds for divorce vary from state to state. This means that the reason for wanting to dissolve the marriage is so critical that the marriage can no longer be repaired. In Arizona, a divorce can be completed on average in a minimum of 150 days, with court fees of $321.00. The first step according to law requires the filing of a petition by a party to the marriage for a decree of dissolution of the marriage presented to the court. The Divorce Laws in Nigeria is all-encompassing and has put into consideration various scenarios that could lead to a dissolution of marriage with the help from a legal separation attorney. Some leading causes of divorce include: Lack of communication; Lack of attention; Financial problems; Infidelity; Constant conflict; Marrying too young; Substance abuse; No support from family/in-laws ; Religious differences; Sexual problems; Abuse; Growing apart etc. In so doing, the essay has reviewed the relevant statutory and case law principles. Read below for comprehensive analysis. Dissolution of customary law marriage in Nigeria The divorce process of a customary marriage is much simpler than of that under the Marriage Act. There are several reasons couples divorce after being married for a long or short term. There is therefore no uniformity in this area. Divorce: The Dissolution of a Marriage in Muslim Personal Law in Nigeria. GROUNDS FOR DISSOLUTION OF STATUTORY MARRIAGE The M.C.A., 1970 fundamentally changed the pre-existing law of dissolution of marriage in Nigeria by introducing the irretrievable breakdown element as the grounds for dissolution of marriage, in place of the former matrimonial offence concept (i.e. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. Within this diversity, unity is evident. You might wonder, if I want it, how do I file for divorce in Nigeria? 2. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. Apart from dissolution of marriage by mutual consent the other way to dissolve the marriage on “no-fault” ground is the concept of irretrievable breakdown of marriage.New Zealand was the first country to accept the concept of “irretrievable breakdown of marriage” in The Divorce and Matrimonial Causes Amendment Act,1920. The sole ground for instituting an action for divorce in Nigeria is that the marriage has broken down irretrievably. GROUND FOR DISSOLUTION OF MARRIAGE To dissolve a marriage in Nigeria, it must be proven that the marriage has “broken down irretrievably”, meaning the reason for the petitioner applying to dissolve the marriage is so severe that the marriage cannot be saved. The grounds for divorce in Nigeria are legal reasons that the law permits for the dissolution of a lawful marriage by one or both parties (couples). The process for getting a divorce and acceptible grounds for divorce vary from state to state. However, some grounds for the dissolution of marriage such as behaviour under section 15 (2) (c), does not agree well with the sanctity of marriage. Justice O.c. Agbaz . [Accessed 5 Oct. 2012] Imam, Ayesha. Grounds for Divorce. Thus, it can be … TERMINATION OF MARRIAGE IN NIGERIAN FAMILY LAWS: THE NEED FOR REFORM AND THE RELEVANCE OF THE TANZANIAN EXPERIENCE ANDREAS RAHMATIAN* ABSTRACT Nigeria enacted the Matrimonial Causes Act in 1970 to regulate the dissolution of statutory marriage. Nigeria: Desertion - a Ground for Dissolution of Marriage - Court. Laws of the Federation of Nigeria 1990. Let us go through step by step: Filing a petition. But this limitation to statutory marriage only entails shortcomings in respect of the other marriage systems that are also found in Nigeria… In discussing divorce in statutory marriages in Nigeria, one would be able to look into such issues as: 1. Dissolution of marriage 15. It is a meticulous judicial procedure which the Petitioner must follow. adultery, cruelty and desertion). While the dissolution of marriage under the Customary Law can be done extra-judicially, dissolution of a marriage celebrated under the Act must be done in the High Court of any state in Nigeria. Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that their marriages are not what they expected. GROUNDS FOR DISSOLUTION OF MARRIAGE. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. _____. Divorce is unlike annulment, which declares the marriage null and void.Divorce requires the sanction of a court in a legal process. Dissolution of Marriage (Divorce): This is the focus of this article. Correspondence with the Research Directorate. The Nigerian Marriage Act has given validity to this practice by enabling those who are married under the customary law to marry each other under the statute (Section 33(1) of the Marriage Act, 2004). In Nigeria, the age of majority is 18. Daily Trust (Abuja) By Hon. This is represented in Chapter 220, section 15 & 16. Grounds for Dissolution (Grounds for Divorce) Speak with Our Tampa Divorce Lawyers. There is only one ground by which a Petitioner can approach the court for divorce. A spouse had to plead and prove one or more of those grounds to obtain a dissolution. Correspondence with the Research Directorate. . "the learned counsel contended that there is only one ground for the dissolution of marriage in our law. 25 October 2012. If a minor were to go into marriage without meeting these two conditions, it is sufficient ground for annulment of the marriage. In this respect, a lot depends on the prevailing customs and tradition of each community. Facts like insanity and other behaviour which may have not emanated from the other spouse’s Will, may provide a ground for divorce. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. The News Agency of Nigeria (NAN) reports that Oluwakemi, 38, is also seeking the dissolution on grounds of drunkenness as well as lack of rest of mind and care for the children. This is because there are periods when a couple feel they can no longer tolerate, live together as husband and wife under the same roof and would like to part ways by legal consent i.e through divorce. 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