MARRIAGE FAILURE AND ITS AFTERMATH: ADDRESSING THE IMPLICATIONS ON THE CHILDREN OF THE MARRIAGE AND THE NIGERIA CONTEMPORARY SOCIETY

Abstract

Marriage failure is defined as separation of husband and wife effected by judgment of court or mutual consent of the parties either totally dissolving the marriage or suspending its effect so far as it concerns cohabitation of the parties. Marriage failure seems to be on the increase these days and this is due to the fact that people rush into ill-advised marriages and they rush out of these marriages as soon as they discovered that marriage is not what they expected. For statutory marriages no proceedings for dissolution of marriage would occur within two years of marriage but under customary law marriage dissolution can occur at any time as far as bride price is returned. This research examines the nature and the conditions for marriage failure. The study further discusses the various types of marriage, validity of customary marriage and statutory marriage, capacity and formalities of marriage. In addition, this research, examines the various grounds for dissolution of marriage according to the Matrimonial Causes Act and the Marriage Act 1970 as well as under the customary law. Finally, this research discusses the effect of failed marriage on the children of the marriage and the contemporary Nigeria society. To address this problem, this research proposes good divorce laws and greater role for lawyers and other professionals as way to address issues concerning marriage dissolutions and thus minimize the effect of failed marriage identified in this research. This research concludes that couples should consider the children of the marriage before opting for divorce.

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urn:uuid:90bb86ff-fdaa-473d-8970-0ab651bb281b