THE LEGAL IMPLICATION OF THE TWO-YEARS RULE AS REGARDS DISSOLUTION OF MARRIAGE.
Under the Matrimonial Causes Act in Nigeria, Section 30(1) that decree of dissolution of marriage shall not be instituted within two years of marriage except with the leave of court. Husband or wife in a marriage can only request for a divorce from the courts after they have been married for at least 2 years. The reason for this 2 year rule (as it is sometimes called) is because of the desire of the courts to protect the institution of marriage.
The rationale is only to deter people for rushing into ill-advised marriages, but also to prevent them from rushing out of marriage as soon as possible. However, the provision of Sub-section 3 of Section prescribe the circumstances in which may grant the leave which is “Exceptional Depravity”. Which is not define in the legislation, basically the term is define based on the circumstances surrounding the case of dissolution and the test is subjective.
The idea therefore is that if people could get married and then decide to divorce so quickly after the marriage, they are not showing the requisite respect for the institution of marriage which is after all is a legal status and contractual agreement. Therefore, the 2-year rule stipulates that for divorce proceedings to commence, the parties must have been married for at least 2 years.
HOW LONG CAN SOMEONE REMARRY AFTER DIVORCE.
In accordance with the provisions of the Matrimonial Causes Act, a person who has been divorced in Nigeria can only remarry 90 days after the decree nisi has been issued. It implies that a divorced person is only entitled to marry after the decree nisi has become absolute.
Finally, it is worthy of note that the Nigerian laws are more reluctant to divorce due to the need to protect family values and children of the marriage. Therefore, no concerted efforts have been made over the years to revamp Nigeria divorce laws by making the process easier. A statutory marriage divorce process is a serious court proceeding in Nigeria, which requires parties to retain the services of a legal practitioner.
WRITTEN BY: CHAMAN LAW FIRM TEAM
TEL: 08065553671, 08024230080