GROUND FOR DISSOLUTION OF MARRIAGE UNDER THE NIGERIA LAW

All you need to know about dissolution of marriage in Nigeria.

CHAMAN LAW FIRM

2/4/2022 1 min read

GROUND FOR DISSOLUTION OF MARRIAGE UNDER THE NIGERIA LAW

In accordance with the provisions of the Matrimonial Cause Act, 2004 there can only be one ground upon which a court is actually entitled to dissolve a marriage, which is that the marriage has broken down irretrievably.

 

Nevertheless, there are actually eight various species or perhaps classes of the breakdowns. Which is provided for under the provision of Section 15(2), the eight classes shall be restated as follows:

1.       that the respondent has persistently and willfully refused to consummate the marriage;

2.      that since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

3.      that since the marriage the respondent has behaved in such a manner that the petitioner can't reasonably be expected to live with the respondent;

4.      that the respondent has deserted the petitioner for a constant period of at least one year immediately preceding the presentation of the petition;

5.      that the parties to the marriage have lived apart for a constant period of a minimum of 2 years immediately preceding the presentation of the respondent as well as the petition doesn't object to a decree being granted;

6.      that the parties to the marriage have lived apart for a constant period of a minimum of 3 years immediately preceding the presentation of the petition;

7.      that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or perhaps restitution of conjugal rights made under that Act;

8.     that the other party to the marriage has been absent from the petitioner for time that is such and in circumstances that are such as to provide good grounds for presuming that he or perhaps she's dead.

 

WRITTEN BY: CHAMAN LAW FIRM TEAM

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