DIVORCE AND CHILDREN OF THE MARRIAGE: STATUTORY PROTECTION FOR THE CHILDREN AND THE IMPLICATION FOR THE SOCIETY

Abstract

This research work is a critique of the issues and prospects of divorce and statutory protection of the children as well as implication for the society in Nigeria. It was discovered that divorce or marriage dissolution under the three systems, based on very different traditions, are, in principle, largely incompatible. The requirements for customary and statutory divorce are not congruous in the different concepts of polygamous, customary and Islamic marriage and of the monogamous, statutory marriage. There are no provisions in the Matrimonial Causes Act considering obvious conflict situations. Reform has been frequently suggested but has not been implemented yet. With regard to statutory protection of the children, this research discovered that laws do not have detailed provisions that regulate the various issues of child custody, visitation and child support, there is inconsistency in judicial decisions. Many decisions do not distinguish between physical and legal custody. As a result, the legal and physical custody of the child usually rest on the same person. This research concludes that divorce under the various systems are in dire need of urgent reforms as these systems have become obsolete and are no longer in tangent with the changing society. The Constitution has to a large extent assuaged the disabilities that exist under these systems. Also, there is also inconsistency in court decisions with regard to child support. These problems have grave implications for the society and thus call for detail provisions to ensure consistency and predictability in child custody, visitation and child support decisions. This study recommended that there should be strict commitment by the courts as regards article 16(1)(C) of the CEDAW which provides for equal rights of parties upon dissolution of marriage. All the reliefs which the Matrimonial Causes Acts has made available upon divorce under the act should be adopted and give customary flavour and the concept and practice of non-judicial divorce should be completely abolished so as to ensure and enshrine equality, equity and fair play in the whole process of divorce transaction.

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Resource ID

urn:uuid:8def62b2-ae79-4eb8-881c-4890a8f9ee26