In our previous thread, we discussed the circumstances a partner must consider before taking the path of divorce.
https://www.nairaland.com/6428265/how-divorce-partner

In this piece, we shall be discussing divorce processes in Nigeria courts and perhaps, we might take a look at custodial rights, types of custody, maintenance and the right of access to a parent without primary custody.

Before you decide to take the path of divorce, it is always proper to consult your lawyer on the type of marriage that was contracted. That is, whether it was marriage under the Act or customary marriage.

The type of marriage will also help determine the court to commence proceedings. Whereas the High Court of a state has exclusive jurisdiction to entertain matrimonial matter emanating from marriages contracted under the Act, the customary court has jurisdiction to entertain matters emanating from customary marriages.

Step 1

Consult a legal expert.

While you must procure the services of a lawyer to handle matters on marriages contracted under the Act, you need not contract a lawyer on customary marriages.

However, it is wise to seek legal counsel, especially from a lawyer that specializes in African customary laws.

Step 2

Always brief your lawyer.

To brief your lawyer simply means to tell him the exact reasons you wish to quit your marriage. You must also understand that it is a legal abomination for a partner to quit his/her marriage for reasons not provided for in law. Hence, briefing your lawyer will enable him to decide how to apply the law to the available set of facts. This is where people say lawyers tell lies and twist facts.

Well! We simply apply the provisions of the law together with legal, analytical and logical reasoning. We don't tell lies.

The truth is that under the Matrimonial Causes Act (the law which governs the divorce proceedings in Nigeria) there is only one ground wherein a party can quit his/her marriage, that is, that the marriage has broken down irretrievably.

In the case of Onabolu v. Onabolu, it was held that the petitioner must plead and prove that the marriage has broken down irretrievably in her petition.

Also, a petitioner who alleges that a marriage has broken down irretrievably must be able to bring herself within one or more of the fact enumerated in Section 15(2) (a)-(h) of the Matrimonial Causes Act, before the divorce petition will be granted.

But what are the facts enumerated in Section 15 (2) (a)-(h) of the Matrimonial Causes Act?

Come let's reason together, we shall reconvene shortly.

litigator:
In our previous thread, we discussed the circumstances a partner must consider before taking the path of divorce.
https://www.nairaland.com/6428265/how-divorce-partner

In this piece, we shall be discussing divorce processes in Nigeria courts and perhaps, we might take a look at custodial rights, types of custody, maintenance and the right of access to a parent without primary custody.

Before you decide to take the path of divorce, it is always proper to consult your lawyer on the type of marriage that was contracted. That is, whether it was marriage under the Act or customary marriage.

The type of marriage will also help determine the court to commence proceedings. Whereas the High Court of a state has exclusive jurisdiction to entertain matrimonial matter emanating from marriages contracted under the Act, the customary court has jurisdiction to entertain matters emanating from customary marriages.

Step 1

Consult a legal expert.

While you must procure the services of a lawyer to handle matters on marriages contracted under the Act, you need not contract a lawyer on customary marriages.

However, it is wise to seek legal counsel, especially from a lawyer that specializes in African customary laws.

Step 2

Always brief your lawyer.

To brief your lawyer simply means to tell him the exact reasons you wish to quit your marriage. You must also understand that it is a legal abomination for a partner to quit his/her marriage for reasons not provided for in law. Hence, briefing your lawyer will enable him to decide how to apply the law to the available set of feact. This is where people say lawyers tell lies and twist facts.

Well! We simply apply the provisions of the law together with legal, analytical and logical reasoning. We don't tell lies.

The truth is that under the Matrimonial Causes Act (the law which governs the divorce proceedings in Nigeria) there is only one ground wherein a party can quit his/her marriage, that is, that the marriage has broken down irretrievably.

In the case of Onabolu v. Onabolu, it was held that the petitioner must plead and prove that the marriage has broken down irretrievably in her petition.

Also, a petitioner who alleges that a marriage has broken down irretrievably must be able to bring herself within one or more of the fact enumerated in Section 15(2) (a)-(h) of the Matrimonial Causes Act, before the divorce petition will be granted.

But what are the facts enumerated in Section 15 (2) (a)-(h) of the Matrimonial Causes Act?

Come let's reason together, we shall reconvene shortly.

Following

A marriage is said to have broken down irretrievably when any of the following occurs:

Denial of conjugal rights

This simply means that your partner has refused you your right to have sex with him/her. Hoarding sex is a ground for the dissolution of marriage especially in cases where there is a subsisting court order for the restoration of conjugal right, and access is still being denied. Right to sex on the wedding night is very important as it places an invisible seal of authentication on the marriage.

Adultery

Adultery is said to have occurred when either of the partners engages in sexual intercourse with a third party. While couples are generally enjoined to forgive one another, some find an adulterous act unpardonable. Well, even the bible allows for the dissolution of marriages in cases of adultery. Some are, therefore, quick to seek a dissolution of the marriage immediately after the cat is let out of the bag.

Intolerable behaviour

This is said to have occurred when a partner possesses or engages in an act one can’t reasonably be expected to live with him/her. This may include acts of homosexuality, bestiality, sodomy, habitual drunkenness/intoxication, frequent criminal convictions, ill health, chronic mental health condition, domestic violence, etc.

Dissertation of the marriage home

This can be said to have occurred when the other party has abandoned the marriage and moved out for a period not less than a year before the divorce petition was filed.

Abandonment of marriage

Abandonment is said to have occurred where a spouse has been absent long enough to be legally presumed dead. The law usually presumes anyone who has been absent for continues period of 7 years dead and forgotten.

Mutual consent

Couples can mutually consent to have their marriage dissolved in circumstances where they have both lived apart for a continuous period of at least two years.

To enable [/b]you to get the best out of the divorce, you must tell your lawyer the entire truth and nothing but the truth. This will enable him to give you proper legal representation and make informed decisions on the applicable laws.

[b]Note: Once you open your mouth to talk to a lawyer, whatever you tell him is privileged and protected, as he cannot divulge it to a third party or leak your secret.

Now that you know the circumstances or situation that may lead to divorce, what is the next step?

Step 3

Finally, you must have a clear plan on what you want from the marriage being dissolved and exactly how to get it. Major things to plan and strategize for include:

Who will have primary custody of the children of the marriage and whether such person is considered fit in the eye of the law?

How to secure maintenance and financial support for the children of the marriage, especially in cases where their mother has primary custody?

Maintenance of the woman being divorced and sharing of the assets acquired during the lifetime of the marriage.

Yes! She has a share in the assets acquired during the marriage.

A smart family lawyer should be able to elicit sufficient information from you and ensure all loopholes are covered. It is his duty to ensure you are adequately protected and you get what you deserve.

If you are in a terrible marriage and you need to speak with someone, we just a click away. You can vex it out in private.

Please join us in saying no to domestic violence.