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Nairaland Forum / Nairaland / General / Family / Legal Separation (683 Views)
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Legal Separation by eoyinkansola: 9:26pm On Apr 10, 2020 |
Good evening Nairalanders.Pls I would like to know what it entails or the modalities involved in getting a legal separation for an unmarried couple with kids. Have tried other agencies but the church has advised me on the former as been the last resort.Will appreciate your responses.Thank you. |
Re: Legal Separation by squarelead(m): 9:51pm On Apr 10, 2020 |
There is nothing legal in the first place, just like asking for legality for break up between gf and bf 8 Likes |
Re: Legal Separation by frozen70(f): 5:39am On Apr 11, 2020 |
You did not state enough for one to understand you Are you a man planning to separate legally or you are a woman How come no marriage yet there are kids What commitment did you and the family put together during and before now Come out openly |
Re: Legal Separation by candyguyofficia(m): 7:11am On Apr 11, 2020 |
...if you both not married (under the Act or Native Law n Custom) there is nothing to seperate. The court have stated over and over again cohabitation do not metamorphose to the status of marriage. As you said there is a child in the picture, you and the lady could draw up an agreement on child visitation and child maintenance, custody etc. Or you could see a lawyer or an arbitrator or mediator to guide you through the agreement, or visit the Ministry of Women Affair and Child Development to assist in drawing the plan. Long and short of it you and the lady could reach an agreement based on mutual understanding and compromise as the children are allegedly yours. However, I feel you have doubt as to your marital status, if you could be a bit explicit as to any conduct or act that was done between you and the lady then you could get a better expose. From what you stated the above is your legal stance. NOTE: Part payment of dowry with all other condition precedent for a valid customary law marriage do not affect the validity of a customary law marriage as dowry can be paid on credit as long as consideration was furnished, it's immaterial whether such consideration was full or partial as long as it was adequate and accepted at the material time |
Re: Legal Separation by sisisioge: 7:17am On Apr 11, 2020 |
This one simple, just physically moving yourself and property away from him will do... Sebi there is no marriage. As regards the kids, you may have to agree through a mediator on custody and child support. But if you wan rough am, just take your kids and move to Ilorin or Akwaibom, guy won't be able to find you. Good luck. 2 Likes |
Re: Legal Separation by 1stHooligan(m): 7:29am On Apr 11, 2020 |
eoyinkansola:There was no traditional marriage now... Seems you both just gave birth to kids as friends... You can take your kids with you but that's if you can afford to care for them alone. But if you can't, you can file a suit. |
Re: Legal Separation by 1stHooligan(m): 7:30am On Apr 11, 2020 |
sisisioge:what if during their time of love they both build a house or had a business that's joining them? |
Re: Legal Separation by sisisioge: 8:05am On Apr 11, 2020 |
1stHooligan: Then they should get a legal separation of property. I was just rolling with the fact that the court isn't needed to end their romantic relationship here in Nigeria. It is well, everything in life is a gamble... They weren't married yet lived and had kids together. That would translate to common law partnership abroad and separation will still require legal intervention, each will have rights of husband/wife. |
Re: Legal Separation by eoyinkansola: 11:11pm On Apr 15, 2020 |
Good evening,Thank you so much for the responses. First I’m female The bone of contention here is my kids dad doesn’t want a separation despite the fact that he’s not giving me peace,commitment or love whatsoever. Although he provides for us as much as he can The both families and our pastors have intervened severally.The situation is really complicated but my pastor advised a legal separation to curb any further harassment and maybe get child support because he has threatened to withdraw financial support for the children’s welfare after the separation. |
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