DISSOLUTION OF MARRIAGE: PROBLEMS AND PROSPECTS
ABSTRACT
The decree of dissolution of marriage which is defined as the legal separation o f man and wife effected by the judgement or decree of a court, and either totally dissolving the marriage relation, or suspending its effect so far as it concerns the cohabitation of the parties. Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that their marriages are not what they expected. Therefore, no proceedings for dissolution may be instituted within two years of marriage without leave of court except where divorce proceedings are based on the facts of wilful and persistent refusal to consummate, adultery or the commission of rape, sodomy or bestiality. The subject matter of this research is to examine the nature and the conditions for dissolution of marriage, the likely problems that tend to follow and prospects. However, the study will further discuss the various types of marriage, validity of customary marriage and statutory marriage, capacity and formalities of marriage. In carrying out this research, emphasis will be laid on the various grounds for dissolving statutory marriage under the Matrimonial Causes Decree and the Marriage Act 1970 and customary marriage under the customary law. Also, the differences between dissolution of customary marriage and statutory marriage. But, it should be noted that, it is not the intention of the researcher to see that marriages which are ordained by God and which were hitherto, build on mutual trust and confidence between the parties and their families go asunder. But rather, to discourage spouses on dissolution of their marriages by providing a lasting solution to this, in order for us to have a better society and also to consider the pathetic effect of such on the society, children and family
TABLE OF CONTENTS
ABSTRACT
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATION
CHAPTER 1
GENERATION INTRODUCTION
100: INTRODUCTION
110: BACKGROUND TO STUDY
120: OBJECTIVES OF STUDY
130: FOCUS OF STUDY
140: SCOPE OF STUDY
150: METHODOLOGY
160: LITERATURE REVIEW
170: DEFINITION OF TERMS
180: CONCLUSION
CHAPTER 2
CONCEPT OF MARRIAGE
200: INTRODUCTION
210: DEFINITIONS OF MARRIAGE
220: TYPES OF MARRIAGE
2210: MONOGAMOUS MARRIAGE
2220: POLYGAMOUS MARRIAGE
230: FORMALITIES FOR MARRIAGE
2310: NOTICE OF MARRIAGE
2320: REGISTRAR’S CERTIFICATE
2330: SPECIAL LICENCE
240: CAPACITY TO MARRIAGE
2410: SINGLE STATUS
2420: INFANCY
2
430: AGE
2440: CONSENT
250: GROUNDS ON WHICH MARRIAGE MAY BE VOID
2510: EXISTING LAWFUL MARRIAGE
2520: PROHIBITED DEGREE OF AFFINITY OR CONSANGUINITY
2530: FORMAL INVALIDITY
260: GROUNDS ON WHICH MARRIAGE IS VOIDABLE
2610: INCAPACITY TO CONSUMMATE MARRIAGE
2620:UNSOUNDNESS OF MIND, MENTAL DISORDER AND EPILEPSY
2630: VENERAL DISEASE
270: MATRIMONIAL CAUSES JURISDICTION
280: CONCLUSION
CHAPTER 3
DISSOLUTION OF MARRIAGE
300: INTRODUCTION
310: BARS TO A PETITION FOR DISSOLUTION OF MARRIAGE
3110: CONDONATION
3120: CONNIVANCE
3130: COLLUSION
3140: PETITIONER’S ADULTERY
3150: PETITIONER’S DESERTION
3160: CONDUCT CONDUCING
320: DISSOLUTION OF STATUTORY MARRIAGE
330: GROUNDS FOR DISSOLUTION OF STATUTORY MARRIAGE
3310: WILFUL AND PERSISTENT REFUSAL TO CONSUMATE MARRIAGE
3320: ADULTERY AND INTOLERABILITY
3330: DESERTION
340: DISSOLUTION OF CUSTOMARY MARRIAGE
350: GROUNDS FOR DISSOLUTION OF CUSTOMARY MARRIAGE
3510: GENERAL GROUNDS
3520: STATUTORY GROUNDS
360:DIFFERENCES BETWEEN DISSOLUTION OF CUSTOMARY MARRIAGE AND STATUTORY MARRIAGE
370: CONCLUSION
CHAPTER 4
PROBLEMS AND PROSPECTS OF DISSOLUTION OF MARRIAGE
400: INTRODUCTION
410: GENERAL PROBLEMS OF DISSOLUTION OF MARRIAGE
4110: FINANCIAL PROBLEM
4120: PSYCHOLOGICAL PROBLEM
4130: LACK OF PROPER MAINTENANCE
4140: SETTLEMENT OF PROPERTY
4150: CUSTODY OF CHILDREN
430: CONCLUSION
CHAPTER 5
CONCLUSION AND RECOMMENDATION
500: CONCLUSION
510: RECOMMENDATION
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