THE GROUNDS FOR DISSOLUTION OF MARRIAGE IN NIGERIA: A COMPARATIVE ANALYSIS OF SOME SELECTED JURISDICTIONS

Abstract

There have been uncertainties regarding the position of the Matrimonial Causes Act on the grounds for divorce in Nigeria. There are varying views regarding the position of the law on the grounds for the dissolution of marriage, in ascertaining the fault and no-fault principle under the law. Thus, this research carries out an analysis of the grounds for dissolution of marriage in Nigeria, in comparison to other jurisdictions. The study examines the legal regime governing the grounds for dissolution ofmarriage in Nigeria. The study also examines the effectiveness and adequacy of the law in regulating the grounds for dissolution of marriage in Nigeria, in comparison to other jurisdictions. The study adopts the doctrinal methodology to generate findings. The study finds that for a marriage to be dissolved under the Matrimonial Causes Act, it must be proven by the petitioner on the ground that the marriage has broken down irretrievably, but only if, the petitioner satisfies the court on certain facts. The study finds that the Matrimonial Causes Act have been effective in providing the grounds for dissolution of marriage, however, there have been some loopholes, as the Act does not expressly provide its stance on the �fault principle of divorce�. The study discovers that from the comparative analysis, it was shown that the United States and Ireland adopts a fault and no-fault principle of divorce. However, Croatia do not practice any of the principles. The only legal basis for divorce in Croatia is the irretrievable breakdown of the marriage, de-facto separation for one year, and by common agreement between both parties. The study finds that there are some similarities between the ground requirements in Nigerian law and that of other jurisdictions. The research therefore recommends that the Matrimonial Causes Act should be amended to expressly state it practices the �fault principle for divorce�. Nigeria should also adopt some of the grounds for dissolution of marriage in the United States, such as cruelty, mental illness, criminal conviction, drug abuse, impotency, and religious reasons. The study concludes that adequate sensitization will be pertinent to ensure the public becomes aware of the various grounds available for dissolution of marriage under Nigerian law. �

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urn:uuid:8f598a40-6d96-4c3e-a16d-266ecb5d4851