AN APPRAISAL OF CONDUCT IN DISSOLUTION OF MARRIAGE IN NIGERIA

Abstract Marriage is a legally and socially recognized union that creates rights and obligations between spouses, their children, and society. In Nigeria, the dissolution of marriage is governed principally by the Matrimonial Causes Act, which prescribes the legal grounds and procedures for terminating a marital relationship. Among the factors considered by courts in determining petitions for divorce is the conduct of the parties, particularly where such conduct demonstrates an irretrievable breakdown of the marriage. This study appraises the role of conduct in the dissolution of marriage in Nigeria by examining the legal framework, judicial interpretations, and practical implications of spousal behavior in matrimonial proceedings. It analyzes various forms of misconduct, including adultery, cruelty, desertion, habitual drunkenness, domestic violence, and other behaviors that may render marital cohabitation intolerable. The study further evaluates how Nigerian courts assess evidence of conduct and the extent to which such conduct influences decisions relating to divorce, custody of children, maintenance, and ancillary reliefs. Adopting a doctrinal research methodology, the study relies on statutes, judicial authorities, scholarly writings, and relevant legal commentaries. The findings reveal that while the Nigerian legal system does not recognize divorce solely on the basis of fault, the conduct of spouses remains a critical factor in establishing facts that support the irretrievable breakdown of marriage and in determining post-dissolution rights and obligations. The study concludes that conduct continues to play a significant role in matrimonial litigation and recommends reforms aimed at balancing fault-based considerations with contemporary realities of marital relationships, thereby promoting fairness, justice, and the protection of family interests in divorce proceedings. Keywords: Marriage, Dissolution of Marriage, Conduct, Matrimonial Causes Act, Divorce, Matrimonial Proceedings, Nigerian Family Law, Irretrievable Breakdown of Marriage.