Uncategorized October 24, 2022
While lawyers, mediators, counselors, or therapists advise couples to consider the option of divorce, it should be noted that the counselor is neither a facilitator or promoter of divorce, nor a messenger of doom. No one in a healthy mental and moral state can counsel a couple whose marriage is beautiful and who is working to get a divorce. Overall, it is obvious that the reasons for describing marriage are actually broad enough to include most of the issues that couples usually address in divorce. Nevertheless, each of them can also cause great difficulties to be determined in court. A party considering the dissolution of marriage should consult with a lawyer to discuss the specific reasons why divorce is actually sought and for further explanation of each type of breakdown and how it fits into individual circumstances. Collins Okeke is an Associate Partner and Head of the Public Sector Practice Group, an aspect of law that examines the role of laws, institutions and legal systems in national and international jurisdictions. He is active in the field of legal, regulatory and strategic advice. He has served in an advisory role to federal and state governments, initiated institutional and regulatory reforms, and led public interest litigation that contributed positively to Nigeria`s socio-economic and political environment. Osita is a partner at OAL. He has 20 years of experience in legal practice, management, public policy, compliance, project management, regulation, institutional and legal reform, governance, public sector engagement, business development and organizational development.
The first thing you need to do after deciding on a divorce is to consult a divorce lawyer and inform them of the divorce. A lawyer will help determine the facts that form the reason for the divorce from the reasons of the divorce applicant. If it turns out from your conversation with the lawyer that you have more than one fact that constitutes grounds for divorce, your lawyer will advise you on whether he or she has the strongest evidence with evidence. There are at least eight facts that constitute grounds for divorce under Nigerian law. However, if the party does not appeal a Nisi Decree after having had the time and opportunity to do so, and the Nisi Decree is declared final, there is no further appeal. If a judgment of dissolution of marriage has become final under this Act, one of the spouses may remarry as if the marriage had been dissolved by death. At this time, a judgment is issued, popularly known as a divorce certificate. If you are interested in a divorce, you can contact us and arrange a free initial consultation with a divorce expert.
Courts will also be reluctant to grant divorce to partners for a marriage that lasts less than two years, known as the two-year rule. Article 30 of the Matrimonial Courts Act provides that divorce and legal separation proceedings lasting less than two years may be initiated only with the approval of the court. Finally, it should be noted that Nigerian laws are rather reluctant to divorce due to the need to protect family values and the children of marriage. As a result, no concerted effort has been made over the years to revise Nigeria`s divorce laws by simplifying the process. If one of the partners has a character that is annoying to the other partner and the other partner can no longer tolerate, the habit may be a valid reason for a partner who is filing for divorce. For example, a woman may file for divorce on the grounds that the man is a serial drunkard. One partner may also file for divorce on the grounds that the other partner is dirty and disorderly; You can also file for divorce on the grounds that your partner carelessly farts and pollutes the air and you can no longer tolerate this behavior. It is now at the discretion of the court to determine whether these practices caused the irretrievable breakdown of the marriage.
Only when section 11 of the Act has been complied with by the judge and the parties still wish to divorce can the judge hear the application for divorce. The law also requires the judge to act first as an arbitrator, in order to first seek reconciliation of the couple. He can only enter his judicial duties to begin hearing the divorce application if mediation and conciliation for the reconciliation of the partners fail. First, you must initiate divorce proceedings through your attorney at the Supreme Court of the competent state. Divorce and dissolution of marriage are initiated by filing an application. Under the provisions of the Marriage Act, a person who has divorced in Nigeria may not remarry until 90 days after the issuance of the Nissi Decree. This means that a divorced person cannot marry until the nisi decree has become final. These are some of the reasons why a partner may initiate divorce or dissolution proceedings. If one of these reasons is the reason why a partner is filing for divorce, it must be shown that the reason leads to the main reason which is; This made the marriage irreparably broken. Our job at LawPàdí is to give you the information you need when you find yourself in unhappy situations, including marriages that you want to end in divorce.
It is for the court hearing the matrimonial proceedings (divorce proceedings) to consider from time to time the possibility of reconciliation between the spouses (unless the procedure is such that it is not appropriate) and if it appears at any time to the judge forming the court, either because of the nature of the case, evidence in the proceedings or the attitude of these parties, or of one of them or of the lawyer, that there is a reasonable possibility of such conciliation, the judge may take some or all of the following measures, i.e.: We hope you found this information useful. Please note that this information is provided for general information purposes only and does not constitute legal advice. No customer relationship is established and must not be implied. This response is not intended to replace the advice of a qualified lawyer. If you require legal advice, please consult a qualified lawyer. In conclusion, it should be noted that the divorce process in Nigeria has never been easy or smooth. Nigerian dishes are often not enthusiastic about divorcing couples. In addition, our laws, particularly the Matrimonial Causes Act and the matrimonial rules governing divorce proceedings in Nigeria, are not designed to support simple divorce.
Nigerian laws are more resistant to divorce because family values and the children of marriage must be protected. For example, with the huge increase in Nigeria`s population and the high number of divorce petitions, a legal divorce can only be filed and tried in the Supreme Court of small states.