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I Need Help - Family - Nairaland

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I Need Help by zengurl: 2:16pm On Dec 06, 2014
Good day,

I have been separated from my spouse for the past 6 months (long story). we are legally married under the law of Nigeria and i am considering divorce - this is based on some compatibility issues and irreconcilable differences.

If i decide to remarry under the laws of another country will it be termed as bigamy

And any Good family lawyer in the house?
Re: I Need Help by Nobody: 2:21pm On Dec 06, 2014
I know nothing about that.
Hopefully aisha2 can be of help.
Re: I Need Help by aribs(m): 3:10pm On Dec 06, 2014
You would have to seek divorce under Nigerian laws in Nigerian courts and that would be the best way about it, otherwise you remain married and could be liable for bigamy.
Re: I Need Help by bellong: 4:11pm On Dec 06, 2014
Irrespective of the country you leave for outside Nigeria, you must do a legal divorce before remarrying.

You can only get away with it if your husband decides to look away. You are still married to him under our law and all laws under planet Earth except for mars.. cheesy

Why are you both not working things out? Irreconcilable differences is an ambiguous statement to cover up meaningless issues. You both can still make it work.
Re: I Need Help by mutter(f): 4:34pm On Dec 06, 2014
You must get a divorce. If you are residing in another country the divorce can also be done in that country. They will serve your husband with a notice of the hearing in Nigeria through the embassy of the country you are residing in. Your husband can attend the hearing or give his own evidence in a court of law in Nigeria. The would apply Nigerian law for the divorce.
However if you have been seperated for a short period of time they might expect more time to elapse unless you prove that the circumstances where girevious for living him. Countries differ.

Any marriage entered into before the divoce is null and void and all privilages you get out of the marriage e.g residence permit would be revoked if it comes to light.

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Re: I Need Help by zengurl: 4:54pm On Dec 06, 2014
Ok fine, i will just do the customary then wait for enough separation time and get a divorce. Trust you guys can never understand when I say irreconcilable differences (Its really a long story - Story of 6 years).

Sexually, communication wise, everything we are not compatible.

Its easy to judge but mind you, you dont know where the shoe pinches...
Re: I Need Help by mutter(f): 5:22pm On Dec 06, 2014
I would put in the application as soon as possible because it takes time in certain countries up to half a year or a year.
As I wrote you can prove that the circumstances are unbearable, cruelty abuse, and so on. The Judges don`t really delve much into it. Important is that you have to raise it to make sure the divorce goes through without efforts of recounciliation..

My advise is not based on the morality of what you are doing because you did not ask about our opinion.

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Re: I Need Help by bellong: 5:23pm On Dec 06, 2014
zengurl:
Ok fine, i will just do the customary then wait for enough separation time and get a divorce. Trust you guys can never understand when I say irreconcilable differences (Its really a long story - Story of 6 years).

Sexually, communication wise, everything we are not compatible.

Its easy to judge but mind you, you dont know where the shoe pinches.
..

Where in all the comments have you been judged? The word "Judge" is one of the most abusive on this forum. A question was only asked and it is misintepreted by you as judgment. God dey oooo.

What is the assurance that you are;will be compatible with the next guy if you can't coherently identify the problems of first marriage?

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Re: I Need Help by mutter(f): 5:26pm On Dec 06, 2014
SORRY HAVE TO ADD. FOR THE CUSTODY OF THE CHILDREN, THE LAW OF THE COUNTRY WHERE THE RESIDE WILL APPLY, IRRESPECTIVE OF UNDER WHAT LAW THE COUPLE WAS MARRIED.
Re: I Need Help by Nobody: 12:22pm On Dec 07, 2014
GO TO COURT GET A LAWYER DONT GO AND DO ANY REMARRIAGE STEP BEFORE GETTING LEGAL ADVICE.

And you dont automatically get a divorce after the seperation period the aim of the 2 year period is to see if there is any chance of reconciliation so dont assume after 2 years you will go to court and casually be awarded a divorce.
Re: I Need Help by bennyrazz: 2:37pm On Dec 07, 2014
seperated for 6months and wants to do marriage ASAP with another man? how long have you been dating the other man? do you know him very well? is he better than you current husband? because let's face it, to me it seems you are the architect of your own problems. You want to divorce your husband based on incompatibility? did you not notice this before saying yes I do or was it the money or were you hypnotized? just don't rush things cuz you might be jumping from frying pan to fire. Take it easy, let fresh air blow you small it's not a bad thing to be single for a while. You didn't get it right the first time, try not to get it wrong the second time. Shalom

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