The petition will be served your partner whom you want to divorce. Allott, marriage and internal conflict of laws in ghana, in essays in african law, 216. So far as the law of nigeria is concerned, there is only one form to monogamous marriage, and that is. Short title this act may be cited as the marriage act. In fact, the idea of divorce is considered a taboo and unfit for public discourse. Mr abdulkarim shaibu, a lawyer said that a lot of people that. Matrimonial causes act governs divorce center for reproductive rights 2003, 83. Marriages in nigeria take place under three legal systems center for. It must be contained in the divorce petition or answer and not an afterthought. This article is not meant to give advice on whether or not you should try to make your marriage work, or go to marriage counselling. Divorce law and practices among christians, including. Although windsor law firm is a medium sized law firm, the firm, however, work with various lawyers across the country to deliver a topnotch professional.
You might wonder, if i want it, how do i file for divorce in nigeria. Nigeria divorce and family law brookman solicitors. Unfortunately, it is the reality of the world we live in that some couples after getting married will decide for whatever reason that they do not want to carry on with their marriage and want a. Legal issues, complications, implications, prospects and solutions article pdf available january 2014 with,366 reads how we measure reads. For instance, infidelity, infertility, laziness and unhygienic behaviours are some of the major causes of divorce in many societies and women with these attributes are usually returned to their parents. For a statutory marriage to be dissolved, the court must be satisfied that the option for settlement has been explored unsuccessfully. The firm represents clients throughout the nigeria. The major issue for this research was to investigate the extent and rate of divorce, its causes and attitudes. However, with the advent of the western culture, the marital institution began to suffer setbacks. Top 10 causes of divorce in nigeria information guide in. The three systems of marriage and divorce i the customary nonislamic law of marriage and. Reasons for divorce and recollections of premarital. Due to the plurality of the nigeria legal system,there are different legal principles guiding settlement of marriage under the different forms of marriage that is marriage under customary law and under statutory provision that is marriage under the marriage act.
A survey shows that over the past four years, the di vorce rate in delhi has almost doubled. Resolution law firm is based in lagos and abuja nigeria. In nigeria, many girls are married and divorced before. Pressures of life and the western way of life, made divorce a hitherto foreign word in the lexicon of couples. Nairaland forum nairaland general family divorce in nigeria 15916 views my husband uses aboniki balm as lubricant woman files for divorce top ten reason for divorce in 2012 conditions for divorce in christianity, and some legal grounds for annulment 1.
Stockholm university linnaeus center on social policy and. Owing to the fact that issues on divorce in nigeria context are not properly documented due to noninvolvement of courts and welfare units in. Rate of divorce cases in ghana has slowly awoken a big national and regional debate. Divorce and maintainance orders the guardian nigeria news. These items included lack of commitment, infidelityextramarital affairs, too much arguing or conflict. However there are several marriage systems in nigeria and each frequently take charge of their own procedures. In nigeria we also have customary marriages, however for the purpose of this article i shall focus on marriage under. It serves as the final legal agreement between these adults for documenting the terms of their divorce. It is no wonder that divorce and family instability have attracted wide attention among social scientists. Marriage act an act to make provisions for the celebration of marriages. Jun 29, 2014 nigeria s rate of child marriage is among the highest in the world. The extent and rate of divorce in plateau state, nigeria 1980 to 1988. Traditional marriage in nigeria, see all the tribes.
Introduction divorce is the legal dissolution of a marriage. In nigeria the law of marriage and divorce is characterized by a distinct. A study conducted in nigeria by umoh and adeyemi 2000, showed. With divorce being a remedy to any wrong taking place in a marriage, a lot has been left to question on what the direction the society is taking when it comes to upholding its morals and more so family values. Every matrimonial cause or divorce process in nigeria shall be commenced by petition section 54 1 mca. The major causes of divorce among the amhara people in north shewa. But the marriage must have broken down irretrievably. Nigeria benefited from this english divorce reform act of 1969 in the sense that the matrimonial causes act, 1970 which was enacted by the military government to replace the english rules applicable in nigeria by then, fundamentally changed the preexisting law of divorce in nigeria by introducing the irretrievable breakdown element as a ground. Michelle faul of the associated press tells nprs don gonyea that the rate of girls being divorced and abandoned is rising too. No dissolution where petition for nullity before court. Dissolution of a customary marriage is the bringing to an end a marriage not contracted under the statutory law of nigeria.
The united states has the highest divorce rate in the world united nations, 1992. Nigeria enacted the matrimonial causes act in 1970 to regulate the dissolution. The content of the divorce petition shall include followings. Important facts about marriage and divorce in nigeria. We discovered that kids from certain kinds of marriages didnt suffer much at all from a divorce, says booth, whereas kids from other kinds of marriages did. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. What you need to do before getting a divorce in nigeria mzagams. Thus this research work gives a detail explanation of the general causes of family divorce not only in nigeria as a developing nation but even among the. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. More females were found to be initiating proc eedings for divorce than males. This edition of akintunde esans legal illumination is focusing on the legal grounds for getting a divorce in nigeria as provided in the matrimonial causes act, which is the law regulating the filing and processing of a divorce in nigeria. Analytical study of the causal factors of divorce in.
Ms wordlike content editing experience thanks to a rich set of formatting tools, dropdowns, dialogs, system modules and built in spellcheck. Official statistics suggest that divorce is exceedingly uncommon in nigeria. This article is for people who have decided that they want to get a divorce. The petitioner commences or institutes matrimonial proceedings by a petition. The lawyer writes a petition for divorce to the relevant court. Why you cannot get a divorce within 2 years of your wedding y.
Settlement of property in divorce proceeding in nigeria. Grounds for divorce in nigeria divorce in nigeria is not always a fun topic. It principally regulates marriages celebrated under or in accordance with the marriage act in nigeria. Divorce also known as dissolution of marriage or the end of a marriage before the death of either spouse has been an issue on ground now both in nigeria and outside nigeria. The researcher is of the view that the factors and conditions that influence divorce should be modified by. Divorce is the termination of a marital union, the cancelling andor 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 andor state. How to get a divorce in nigeria, the 8 grounds for divorce.
The act stipulates that a marriage under two 2 years cannot be dissolved, this is called the two year rule provided for under section 30 of the act. Having seen the above, let us look at how to apply for divorce in nigeria. Nigeria signed a joint statement at the 2014 human rights council calling for a resolution on child marriage. Divorce lawyers, law firms in nigeria for every city. List of marriage and family divorce lawyers in nigeria. The focus of this study was to find out the causes and effects of communication breakdown in marriages. Jan 01, 2016 traditional marriage in nigeria, see all the tribes and their marriage rites january 1, 2016 by chinwe esther leave a comment traditional marriage in nigeria, as we all know nigeria as a country have rich cultures irrespective of each tribes geographic locations, among these great cultural heritages is marriage traditions just like every other. The data presented here were collected between 1979 and 1989 in the niger valley of sokoto state in northern nigeria. Family members are often reluctant admit that a marriage is in trouble. Matrimonial causes 3 acts the matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989.
Divorce in nigeria rings fall apart middle east and. The rate of divorce in nigeria has increased gradually but slowly evidenced by the higher number of divorce petitions brought before the courts. Using items from a previous survey on reasons for divorce c. 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. Dec 24, 2012 but we both agree to a divorce because of hardship in living apart. Nairaland forum nairaland general family nigeria law for divorce 43414 views my husband uses aboniki balm as lubricant woman files for divorce top ten reason for divorce in 2012 attacked by father in law for catching my wife having an affair. A record of divorce obtained from an fct high court showed that 24 divorce cases were filed from january to march in that court alone. The purpose of this study was to find out what the cause of divorce are in nigeria, and what students of tertiary institutions of kwara state perceive to be the causes. So, a nigerian who resides outside nigeria can still return to nigeria to file for divorce as long as that person has not acquired the citizenship of that other country. Marriage is a universal institution which is recognized and respected all over the world. Divorce settlement in nigeria top law firm in nigeria. Aug 28, 2015 the evolution of divorce law and practice in nigeria published on august 28, 2015 august 28, 2015 11 likes 9 comments. Mar 16, 2015 if you and your ex got legally married in nigeria, there was no reason why you had to get legally married again in the us, since the us recognizes any and all marriages that are valid in other countries, assuming it doesnt involve incest, not of age e.
In this regard, divorce is no longer a personal problem, but rather it is a multistage process that not only affects the way people interact in a family, but also causes severe harm to the. An analysis of the matrimonial causes act mca, as a good. Owing to the fact that issues on divorce in nigeria context are. Do we need a lawyer as we both have no properties of such. The current law on matrimonial causes in nigeria is the matrimonial causes act of 1970.
As evidence of the legal termination of this marriage, the petitioner submitted a document from the customary court of lagos state of nigeria customary decree, which indicates that the petitioners marriage to a0 was ordered dissolved on september 21,2001. If people attribute the cause of a problem such as being unemployed to internal factors such as ones lack of ability, then they are likely to experience negative views of the self and distressing emotions. Divorce is a solution to otherwise unacceptable pressures, particularly on young women, in a society that requires them to be subordinate and marginal within the extended family. The laws that guide divorce in nigeria is the matrimonial causes act 1970 and the matrimonial causes rule 1983. The subregion also records more rural poverty than urban poverty with 37 percent of the population in the rural areas living below twothird of their national mean per capita income in 1999. Obi, modern family law in southern nigeria, 1966, p. The statutory provisions apart there is also section 333 of the constitution of the federal republic of nigeria 1979 in force at the time of the proceedings in the trial court now section 363 of the 1999 constitution which enjoined proceedings of a court or tribunal for the determination of civil rights and obligations to be in open.
The firm was established by a team of lawyers with a passion and dedication to cater for the needs for quality legal services. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. In 1980, the number of divorce per 1,000 population peaked at 5. 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.
Such word was a taboo in some communities in ghana. The process for a divorce in nigeria is a very sensitive one and it is not easy for a marital union to be declared irretrievably broken down. South and lioyd 1995 posited that divorce is the legal abrogation of a valid marriage contract. If a person acquires the citizenship of another country, his nigerian citizenship is put in abeyance. Metro ci ties like bangalore, mumbai, and chennai are also showing s imilar trends. Apr 04, 2017 a record of divorce obtained from an fct high court showed that 24 divorce cases were filed from january to march in that court alone. Trends in marriage and divorce figure 1 lays out some facts about marriage and divorce in the united states over the last 150 years. Nigeria has a matrimonial causes act to regulate divorce. Proceedings under matrimonial causes rules, order vii rule 1 i a d requirement that respondent file an answer to the petition if he so wanted to, after due service effect of failure thereto power of court under provisions of order xi rule 391, 2 and 3 of the matrimonial.
Indigenous marriage institutions and divorce in nigeria 166 obtains in one society, to a large extent influences that in another society 3,4. Pdf an empirical study on the causes and effects of. In nigeria, divorces are hardly ever discussed in public. Thus it is not a statutory marriage and as such, the legal procedure for dissolving a statutory marriage does not apply to it. Divorce in nigerian statutory and customary marriages. Nigeria ratified the convention on the rights of the child in 1991, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1985, which obligates states.
24 196 1074 700 1117 413 703 223 489 651 1451 990 964 791 1300 844 767 246 1335 927 853 330 590 81 424 1102 73 1305 96 242 538 1373 1382 1183 1382 988 786 975 1189 672