Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,143,296 members, 7,780,693 topics. Date: Thursday, 28 March 2024 at 07:47 PM

Family Law In Nigeria: All You Need To Know - Family (2) - Nairaland

Nairaland Forum / Nairaland / General / Family / Family Law In Nigeria: All You Need To Know (18904 Views)

Man Impregnates His Mother-In-Law In Nasarawa (Photo) / Man Impregnates Sister-In-Law In Lagos. His Wife Got Impregnated By Another Man / Man Impregnates His Sister-In-Law In Nasarawa (2) (3) (4)

(1) (2) (Reply) (Go Down)

Re: Family Law In Nigeria: All You Need To Know by lanaVello(m): 11:59pm On Jan 02, 2017
Donshemzy1234:
Nice one. A sociologist will understand better than anyone
understand family law better than anyone? Don't think so
Re: Family Law In Nigeria: All You Need To Know by lanaVello(m): 12:01am On Jan 03, 2017
VastFinder:
Family law is a collective term used in describing those laws that deal with any matter that has a significant impact on family relationships, like abuse, custody, divorce and adoption. In this write-up, you will get to learn one or two things about family law in Nigeria. Yes, you are not a lawyer; be that as it may, you still need to get adequately informed about these things.

Family law is very broad. As a result, only the marriage and divorce aspects will be covered in this write-up.

• Marriage
According to section 49 of the Marriage Act, there is limited recognition of foreign marriage between parties, one of whom must be a citizen of Nigeria. When a Nigerian decides to get married to a foreigner, such a marriage must be contracted before a Nigerian official or a Nigerian court official with a minimum rank of a Secretary. If not, such a marriage will not be counted as valid by the Nigerian family law.

Section 3(1)(c) of the Matrimonial Causes Act provides that “A marriage will be declared as void if such marriage is not a valid marriage under the law of the particular place or location or country where the marriage had taken place, especially by reason of failure of the husband and wife to comply with all the requirements of the law in that particular country. With respect to the form of solemnization of marriages”

• Divorces & annulment
The Nigerian family law gives recognition to marriage dissolution decree or nullity if it is made in accordance to the law of a foreign country with respect to that under section 81 (2-9) of the Matrimonial Causes Act.

If a marriage had been dissolved in a foreign country, it is recognized as dissolved in Nigeria too, provided the dissolution was done in line with the guidelines of the foreign country.

• Grounds for divorce
The only ground for divorce under the Nigerian law is if the marriage has completely broken down and it is not retrievable. The petitioner must make case to satisfy the court of law that there is lack of consummation in the marriage, and that there is case of adultery and the fact that the petitioner finds it very intolerable to live together with the respondent.

Other grounds for divorce are highlighted below
° The other party to the marriage has been away from the petitioner for a given period of time and therefore provides reasonable ground for the presumption that he or she is dead.

° The other party to the said marriage, for the minimum period of 1 year, has failed to comply with a decree of conjugal right and restitution.

° The parties involved in the marriage have been living separately for a continuous period lasting for at least three years before the petitioner filed the petition.

° The parties to the marriage have lived apart for at least two years continuously after the petition has been filed and there is no objection to the divorce on the part of the respondent.

Once marriage breaks down, the court has the power to settle property or allocate financial resources at the instance and also for the benefit of the parties and the children produced in the marriage.

Source: http://vastfinder..in/2017/01/family-law-in-nigeria-all-you-need-to.html

OP.....you might wanna rephrase your topic....prolly intro to fam law or something. Nice one tho,people really need to get informed

1 Like

Re: Family Law In Nigeria: All You Need To Know by ultimate73(m): 12:03am On Jan 03, 2017
is okay
Re: Family Law In Nigeria: All You Need To Know by samsam2019: 12:05am On Jan 03, 2017
What hope for someone like me who wants an aggressive and fast divorce?
Re: Family Law In Nigeria: All You Need To Know by labo101: 12:14am On Jan 03, 2017
Re: Family Law In Nigeria: All You Need To Know by Nobody: 3:47am On Jan 03, 2017
Marriage with a foreigner in a foreign land is not recognized, but divorce or annulment in a foreign land is recognized?

2 Likes 1 Share

Re: Family Law In Nigeria: All You Need To Know by cogbuagu: 4:12am On Jan 03, 2017
Ok
Re: Family Law In Nigeria: All You Need To Know by LastlyFREEDOM: 4:43am On Jan 03, 2017
Katier00:
what of domestic violence? pls any lawyer that handles divorce on nairaland should pls let me know. thanks

Feel free to contact me on: 08131131942. Cheers.
Re: Family Law In Nigeria: All You Need To Know by LastlyFREEDOM: 4:52am On Jan 03, 2017
Katier00:
what of domestic violence? pls any lawyer that handles divorce on nairaland should pls let me know. thanks

I am a Nigerian practicing Lawyer and could be of assistance to you regarding divorce matter if you reach out on: 08131131942 or do me a mail at: truedemocracyfornigeria@gmail.com. Cheers.
Re: Family Law In Nigeria: All You Need To Know by Zoelle(f): 5:10am On Jan 03, 2017
Good post OP.
Re: Family Law In Nigeria: All You Need To Know by areyemi(m): 6:08am On Jan 03, 2017
Janetessy:
Will comment when am done reading
. Girl, you're pretty.

1 Like

Re: Family Law In Nigeria: All You Need To Know by TheLawTheLegal: 7:32am On Jan 03, 2017
Error of law:
You said that the only ground for divorce is that the petitioner ought to prove that the marriage has broken down irretrievably. This is correct as section 15 of the MCA provides.

But you are wrong when you said 'other grounds for divorce'. There is only one ground. The 'other grounds...' that you listed are merely facts to show that the marriage has broken down irretrievably.
Re: Family Law In Nigeria: All You Need To Know by Katier00(f): 8:23am On Jan 03, 2017
OK thanks. will do just that
Re: Family Law In Nigeria: All You Need To Know by VastFinder: 9:50am On Jan 03, 2017
Mypeople2:
Thanks for the enlightenment .OP, please this question ,"How long is allowed in family law for a divorced couple to stay apart and after which remarry again as a result of their newly found love in each other ?"

Many Indian families marry their sons, with massive dowries. Either before, or soon after a child is born (specially if it is agirl child) they decide they want a new daughter in law with more dowry. This is common.
Re: Family Law In Nigeria: All You Need To Know by LadyJasper: 11:25am On Jan 03, 2017
TheLawTheLegal:
Error of law:
You said that the only ground for divorce is that the petitioner ought to prove that the marriage has broken down irretrievably. This is correct as section 15 of the MCA provides.

But you are wrong when you said 'other grounds for divorce'. There is only one ground. The 'other grounds...' that you listed are merely facts to show that the marriage has broken down irretrievably.


Well put!
Re: Family Law In Nigeria: All You Need To Know by Nkemirene: 4:30pm On Apr 08, 2017
Katier00:
what of domestic violence? pls any lawyer that handles divorce on nairaland should pls let me know. thanks

Send an email to naijafamilylaw@gmail.com for referrals for lawyers that handle divorce cases or any family law matter.

(1) (2) (Reply)

How Do You Treat Your Househelp/maid? / Wedding Websites: The New Fad In Nigeria? / Is It Right For Married People To Go Clubbing ???

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 33
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.