Jan 4, 2013

GROUNDS FOR DIVORCE

Each time i attend family court, i am always saddened by the growing rate of divorce in Nigeria, don't be fooled to think divorce proceedings are usually instituted by old couples, you had be surprised to learn that most divorce proceedings are instituted by young couples and i always wonder why they seem to be rushing out of the marriage.
Many lawyers have given reasons such as poverty and the inability of couples to determine if they really are mean't for one another as responsible for the growing rate of divorce.

The Courts are usually adamant to grant a petition for divorce or dissolution of marriage and Judges usually ensure that parties exhaust all forms of reconciliation and dialogue in a bid to save the marriage especially if there are children involved,if however the court believes that the marriage has broken down irretrievably,it will go ahead to dissolve the marriage.

It is a general rule as provided in section 30 of the Matrimonial Causes Act that divorce proceedings cannot be executed within 2 years of marriage except by leave of court. By virtue of the Matrimonial Causes Act, a marraige may be  considered not valid in certain circumstances which include:

1.  when either parties at the time of the marraige are lawfully married to some other person.
2.  If the parties are within the prohibited degrees of consanguinity.
3. When there is failure to comply with the requirements of the law with respect to solemnisation of marriages.
4. Also a marraige would be void if at the time of the marriage either party of the marriage is incapable of consumating the marriage.
5.  Either party is of unsound mind, mentally defective or subject to recurrent attacks of insanity or epilepsy.
6. Either party is suffering from a venereal disease in a communicable form, or
7. The wife is pregnant for some one else other than the husband.  

DISSOLUTION OF MARRIAGE
A party to a marriage may present a petition for dissolution of marriage to the court on the ground that the marriage has broken down irretrievably. The court on the other hand shall hold that the marriage has broken down only if the petitioner can prove one or more of the following facts:  

A) that the other party has wilfully and persistently refused to consumate the marriage (I.e refused to have sex).  
B) that the other party since the beginning of the marriage has committed adultery and the petitioner finds it intolerable to live with.  
C) that the other party has behaved in such a way that the petitioner cannot be expected to live with them.  
D) that the other party deserted the petitioner for a continous period of at least one year.  
E) that both parties have lived apart for a period exceeding 2 (two) years.  
F) that the other party has been absent for such a period of time that it will be safe to assume that they are dead.
G) if since the marriage, the other party has committed rape, sodomy or bestiality.  
H) if since the marriage the other party has been an habitual drunkard or habitually been intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug.
  I) If since the marriage, the other party has been in prison for a period of not less than 2 (three) years after conviction for an offence punishable by death or imprisonment for life.

The above conditions are not exhaustive and it is advised that one retains the services of a competent lawyer if one needs more legal advice on the subject of divorce.

I actually will love to use this opportunity to ask young Nigerians to get married for the right reasons and ignore the allure of the other party's wealth or even peer and societal pressure because i fear that dicorce proceedings in Nigeria will soon explode exponentially.

Adedunmade Onibokun Esq.
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33 comments:

  1. Nice one bro,please keep it up.

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  2. This is pretty informative. Thanks

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  3. Thanks for providing needful information.

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  4. Yeah....thank you so much. This August will make it 2years I have been seperated from my husband which from your article will make my marriage eligible for dissolution. Real excited to hear that. Thank you once again.
    Gloria.

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  5. Nice one Made!! You're so right about divorce being on the high in Nigeria..

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  6. In this busy life divorce rate is rapidly increase day by day. Its helpful information about dissolution of marriage as well as lawyer provide best details about divorce law. You have done nice work about grounds for divorce.

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  7. Generally, financial issues or domestic violences are main issue of divorces. Above article has shared very useful information about disintegration of marriage life. Thank you for trying to increase awareness of people for them marriage life.

    LAPD corruption

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  8. My husband left me more than 2yrs ago & he says we r now divorced. i have not signed anything & i still have our marriage certificate. we were married in a civil ceremony in 2005 in Abuja.
    I would like to know if i am legally divorced - can you help?

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  9. My husband left me more than 2yrs ago & he says we r now divorced. i have not signed anything & i still have our marriage certificate. we were married in a civil ceremony in 2005 in Abuja.
    I would like to know if i am legally divorced - can you help?

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  10. I do not think you are automatically divorced because you have stayed apart. However, if your husband were to petition for a divorce,being absent for 2 yrs can be a ground for asking for a divorce.

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  11. Hi,thanks for ur post. I nid help...I nid to end d by ds force court marriage I got into bcos d gal wz preg. Her family members r evil....d day I went to pick her n d baby...I wz refused n heavily insulted including raining abuses on my family as a whole. Dey ve no regards for me n my family bcos dey were richer than my family.I had to run for d safety of my life..so I ve bin away frm her for 2yrs plus..pls adivce....I nid to end ds evil marriage asap

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  12. Hi,pls I need a divorce.I got married 2yrs ago to this lady and have not been able to have sex with her since I was forced into the marriage.She is in my house but we don't even talk.I have been living like a stranger in my house.How do I go about divorce?I need it ASAP.Thanks.

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  13. I got a girl pregnant 5yrs ago n her family brought her to my house against my wish n left her there.I had stopped having sex with her immd when she took in.Was forced into marrying her 2yrs ago but I have not been able to even sit close to her frm when she took in or even after the wedding till date.I can't continue this way pls advice me on how to get a divorce.We quarell always in my house...I have been eating out for 2yrs now.I need to end this marriage soon.

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  14. my best advice is that you should consult a lawyer.

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  15. Nigeria women have lost their sanity. Sexual Abomination is now the order of the day. 98% of Nigeria women will cheat on their Husbands without any form of shame or guilt if the husband stays away working long hours to ensure his family have a good life. WE HAVE LOST THE CULTURE OF A TRUE NIGERIAN. MAY GOD HELP THE FUTURE OF THIS NATION

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  16. My wife of three years has continuously displayed her self-centredness and obsession about get family. Her people come first and are more important to her than myself. She doesn't discuss anything with me apart from money and her family. She does what she wants without taking my instructions serious. I am afraid I cannot tolerate this so I have just decided to end the marriage because of "the irreconcilable differences". Can I proceed with divorce without a lawyer?

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  17. I am more interested in the "Bars". there are two types of Bars. 1. Is Absolute and the other is Discretionary bars to a Divorce. When your case falls under absolute bar the Court may not help you. i.e. if you participate in any of the 3 's viz Collusion, Connivance and Con- donation. Eg is where a man or a woman in trying to keep her marriage asked the wife or husband to crossbreed for the purpose of making babies which they both couldn't make. None of the parties can rely on the same action that had earlier been approved by the other party. Another is if you allow any relative of either party interference in you marriage you cannot stand on same ground again to seek divorce. Discretionary bar is when you have things like Sodomy, Bestiality, extreme hardship on one and depravity on the other. Please note that Courts do not derive any in separating couples rather they allow for reconciliation if necessary.
    Danladi

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  18. Hello im from czech republic i married nigerian man and we got one child. Im getting divorce and we got court 1 on may in lagos i want just ask when im able to get divorce paper after court and remarry again ?? my lawyer told me it should be all over by july. But im not sure if i getting good information. Thanks

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  19. Hello im from czech republic i married nigerian man and we got one child. Im getting divorce and we got court 1 on may in lagos i want just ask when im able to get divorce paper after court and remarry again ?? my lawyer told me it should be all over by july. But im not sure if i getting good information. Thanks

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    Replies
    1. The duration of the proceedings depends on whether your partner is contesting the divorce or not. If its an amicable settlement, then your lawyer is right and proceedings should not take long at all.

      Delete
    2. Sir,

      Thanks for the write-up.

      Will the court still grant a divorce if the respondent refuses to honour the court summons or does appears in court then explains that he doesn't want a divorce even though the respondent's accusation of adultery leveled against the spouse (petitioner) led the petitioner to institute the divorce proceedings?

      Thank you.

      Delete
  20. If you don't didn't have a court marriage and just a church wedding certificate do you still have to get a proper court divorce?

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  21. If you don't didn't have a court marriage and just a church wedding certificate do you still have to get a proper court divorce?

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  22. Hi,for the sake of young,future searching folks out there like me, i will continue to post this message no matter the time it will cost me in doing this.
    Majority in our country (Nigeria) fail to realize that the evil they do will surely reverse upon them no matter how long it takes.
    When you visit the internet these days, you will be confused. you won’t even know whom to do business with online in Nigeria anymore.
    Almost all sugar mummy agent are scam but the only one that was able to deliver by introducing me and some of my friends to well to do sugar mummies is Mr becky.
    And because am no selfish type i have decided to provide his number: 08070825939
    At first i never wanted to tell anyone about Mr becky because i paid him 50,0000 thousand for hooking me up; But i just felt that its better i make people aware of whom to trust and do business with since majority in our country (Nigeria) no longer have conscience for their fellow brothers anymore just because of greed and money.
    I believe the reason people go in search for sugar mummy and daddies is because they don’t have enough yet this still hearted people still rub them of their hard earned money,and i pray that the LAW OF KARMA would catch up with them
    The only agent like i said earlier on and trust, who was able to hook me and some of my friends to sugar mummies is Mrbecky with phone number 08070825939.
    Please my friends out there,i wouldn’t want you to fall victim to any acclaim agent like i did before i finally got this god-sent breakthrough through Mr becky. If you fall a victim after reading this message, just call yourself a fool.
    This is the only sugar mummy agent i trust because he has delivered and i recommend him for you_ Mr becky 08070825939
    NOTE: Most Of The Internet Fraudsters Are Now Pretending To Be Mr becky. This Is The Only Number Mr becky Uses 08070825939; All Others Are Impostures So Beware!

    ReplyDelete
    Replies
    1. So When My Becky hooked you up, your life changed? Does this place look like where teenagers hang out? Why come here to display your stupidity? The earlier you go learn a trade...the better for you young man.

      Delete
    2. And what has that got to do with the quality of information being shared on this site? So the whole world should jump for joy simply because you found"Mr Becky? JAMES IMUZE you need help.

      Delete
  23. Hello,
    In my point of view Divorce can be a stressful experience: affecting finances, living arrangements, household jobs, schedules, parenting and the outcomes of children of the marriage as they face each stage of development from childhood to adulthood. If the family includes children, they may be deeply affected.Testamentary Trust Lawyer

    ReplyDelete
  24. Well, it’s a nice one, I have been looking for. Thanks for sharing such informative stuff.Michael H. White

    ReplyDelete
  25. Hello, It will be 3 years in June I have been separated for, and I plan to file for divorce immediately. My wife lives in the UK with our children. I am willing to pay child support and I do not want custody. When will be a good time to start the process and from the date of filling, how long should it take? Thanks

    ReplyDelete
    Replies
    1. You can begin the process anytime. However cannot predict how long it will take.

      Delete
  26. Nice post. I used to be checking continuously this blog and I am inspired! Very helpful info specially the last part. I take care of such information much. http://www.storobinlaw.com/family-lawyer.php

    ReplyDelete

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