AN APPRAISAL OF MATRIMONIAL DISINTEGRATION, ISSUES AND LEGAL CHALLENGES

Abstract

This research work is a critique of the issues and prospects of matrimonial disintegration in Nigeria. It was discovered that 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. This research concludes that marriage dissolution 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. 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:ff1fa683-6fc8-4e4f-901a-d5a8d8678025