By Omowunmi Oladokun
The rate of divorce in Nigeria is very alarming and it is sad to note that people are daily knocking the doors of the court seeking for divorce. A divorce is necessary if you were legally married in a Court or recognized Church setting. Married Couples are bound to seek divorce papers from the Court.
The question at this point is , what is Divorce? In family law, Divorce can be defined as the legal termination of a valid marriage by a Court of Law which cancels marital legal duties and restoring both parties to the status of single persons who are free to marry again. Couples are not allowed to marry again until the Court announces the dissolution of there marriage with a signed document to that effect.
GROUNDS ON WHICH DIVORCE CAN BE GRANTED IN NIGERIA .
The Court is very reluctant to grant divorce in most cases in Nigeria and it requires the Parties to prove to the Court that the marriage has broken down irretrievably and based on the following grounds, the Court may grant Divorce as stated in family law:
No issue (children) of the marriage.
Parties can no longer tolerate each other.
Cohabitation (living together) of the couple have ceased for over two years.
Parties have failed to consummate (have intercourse) the marriage for a long time.
One of the parties have committed adultery against the other. e.t.c
DIVORCE CERTIFICATE.
Just as Couples were given certificate during marriage, The Court also issue a Certificate of Divorce after about two years in which the matter was initiated.
Parties are not permitted to marry again until the decree is made absolute and parties go there separate ways and they become divorcee.
AFTERMATH OF DIVORCE.
Some things are needed to be further determined by the Court after Divorce has been granted by the Court:
1.Custodian of the Child : in a situation where there are issues ( children) of the marriage, the Court determines who goes with the children whether the husband or the wife and somethings are considered before granting such:
i). Who is financially capable to take care of the Children.
ii) The responsible party goes with the Children i.e he must not be a drunkard or immoral persons.
Or the Court may choose to divide the Children equally between the parties.
The Court may grant custody to a third party for the best interest and welfare of the Child as well.
2.PROPERTY DIVISION: The Court also determines how the properties are shared in the case that parties contributed jointly in the marriage . Majorly based on the name on the title document i.e who bought it.
In conclusion, instituting divorce in Nigeria could be quite rigorous and parties may always need to have a rethink before dabbling into it. Marriage is deemed sacred and divorce is not always advisable if it can be tolerated.
