CHALLENGES AND OPPORTUNITIES IN TERMINATION OF STATUTORY MARRIAGE: ISSUES AND POTENTIAL OUTLOOKS
Abstract
The institution of marriage is sacrosanct and protected by law, especially when celebrated in accordance with the Marriage Act 1914. Although the dissolution of marriage—defined as the legal separation of a man and wife effected by the judgment or decree of a court, either dissolving the marriage entirely or suspending its effect concerning cohabitation—is not the original intent of the Act, it is inevitably provided for in situations where the marriage has broken down irretrievably. This has invariably led to numerous intractable problems, both legal and otherwise, faced by the parties to the petition, their progeny, and society at large.
This study examines the challenges and opportunities in the termination of statutory marriage in Nigeria. It explores the legal, social, and emotional complexities arising from divorce, focusing on the grounds for dissolution, procedural barriers, and ancillary issues such as maintenance, property settlement, and child custody. The research also considers the impact of divorce on children and the broader society, highlighting the need for legal reforms that align with Nigeria’s socio-cultural realities. Recommendations are offered to promote fairness, reduce bitterness in divorce proceedings, and safeguard the welfare of all affected parties, particularly children
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