A dissolution of marriage refers to the legal process undertaken to terminate a marriage. In Nigeria, there are various grounds for the dissolution of marriage, depending on whether the marriage was contracted under statutory or customary law. A statutory marriage is one contracted in accordance with the provision of the Matrimonial Causes Act while a customary marriage is one contracted under the native laws and customs of the locality where the marriage was contracted. The grounds for dissolution of marriage in Nigeria, either statutory or customary are quite similar and are typically categorized as follows:
Grounds for Dissolution of Statutory Marriages
- Wilful and persistent refusal to consummate the marriage: The wilful and persistent refusal of one party to consummate the marriage is a valid ground for dissolution of a statutory marriage. Consummation in this context refers the first act of sexual intercourse between a husband and wife.
- Adultery: If one party commits adultery, it can be a ground for divorce. Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse.
- Desertion: If one spouse has deserted the other for a continuous period of at least one year without just cause, the deserted spouse may seek a divorce.
- Unreasonable and intolerable behaviour: If one spouse’s behaviour is so unreasonable that the other cannot be expected to live with them, it can be a ground for divorce. This may include physical or emotional abuse, cruelty, or persistent neglect.
- Living Apart: If the parties have lived apart for at least two or three years and one spouse wants a divorce, it can be granted on this ground.
- Failure to comply with an order for restitution of conjugal rights: Where a party who was ordered to restitute conjugal rights fails to comply with the said order, the other party may rely on this as a ground for divorce
- Presumption of death: If one spouse has been absent for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead, this is a valid ground for dissolution of statutory marriage in Nigeria.
Grounds for Dissolution of Customary Marriages:
Customary marriages in Nigeria are subject to the customs and traditions of the respective ethnic groups, and the grounds for dissolution can vary significantly. Common grounds for dissolution of customary marriages may include:
- Adultery: Adultery can be a ground for the dissolution of customary marriages, as in statutory marriages.
- Cruelty: Persistent cruelty or abuse by one spouse towards the other can be a ground for divorce.
- Desertion: Similar to statutory marriages, if one spouse deserts the other for an extended period without just cause, it may be grounds for dissolution.
- Incompatibility: Incompatibility and the inability to live together in harmony can be cited as a ground for the dissolution of some customary marriages.
- Infertility: In certain cultures, the inability to have children may be a ground for divorce.
It’s important to note that divorce laws and procedures can vary across Nigerian states, and it’s advisable to consult with a qualified family law Attorney who is familiar with the specific laws and customs in your jurisdiction. Additionally, for statutory marriages, the Matrimonial Causes Act of Nigeria governs divorce proceedings.
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