AN OVERVIEW OF DISSOLUTION OF MARRIAGE UNDER STATUTORY AND CUSTOMARY LAW IN NIGERIA

Abstract

This study examines the two systems of marriages in Nigeria which are statutory marriages and customary marriages, with emphasis on the incidences that are ancillary to a dissolution under both types of marriage. The issue of dissolution of marriage is a socio-cultural issue which goes to the very root of the society hence it is necessary that the provisions of the law in relation to the dissolution of marriage be examined critically. A statutory marriage is a marriage conducted under the provisions of the Marriage and Matrimonial Causes Acts, and as such, in the event of a dissolution, the provisions of the Act would govern questions of custody, maintenance, and sharing of family property while a customary marriage being a marriage conducted under customary practices, customary laws would govern the dissolution of marriage. This study therefore discusses marriage and dissolution of marriages under the two different systems, critically examining the history of marriage and the validity requirements of both types of marriages. It equally discusses the meaning of divorce, highlighting the social causes, effects and issues that arise upon a divorce under both systems of marriage. This study equally looks at the relevant legal framework for divorce in Nigeria highlighting the statutorily provided grounds for dissolution of marriages under the Act as well as the procedure for attaining a divorce. This study recommends that the incidences of divorce under both systems of marriages be illuminated further across the society so as to enable couples make better informed decisions before marriage and also that the legislation providing for the dissolution of statutory marriages especially be reviewed to reflect the myriad of circumstances that can occasion a breakdown in matrimonial bliss of parties and also that more legislations should be put in place to rein the incidences of customary dissolution of marriages. �

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urn:uuid:f312a40b-060a-443f-a56a-1cb4ff5de238