Can a statutorily married couple mutually agree to divorce out of court or is it mandatory that they appear before a judge for them to be pronounced divorced ?

Teezzbond:


Im a lawyer. No she can't. The separation is enough to ground a divorce but until a court has divorced them, she stays married to the first husband.

The Nigerian Legal system doesn't cater for a mutually agreed divorce. The Court has to pronounce that the marriage be dissolved on the petition of either of the couple (the petitioner). If the Court finds that the marriage has indeed broken down irretrievably, then an order of dissolution is made.

Teezzbond:
The Nigerian Legal system doesn't cater for a mutually agreed divorce. The Court has to pronounce that the marriage be dissolved on the petition of either of the couple (the petitioner). If the Court finds that the marriage has indeed broken down irretrievably, then an order of dissolution is made.

Good day Sir/Ma, I will like to do a court marriage with an American who is currently in Nigeria, so I wanna know how to go about it and I need your number or WhatsApp, if you can help me with it or connect to someone who can, thanks

So Educative.

My dad got married to my mum over 40years ago traditionally, but in 2017 their marriage became obsolete by mutual agreement of the both family, so dowry was returned and everyone went separate ways.
In 2018, my dad remarried and this time he had a statutory wedding with his new wife.

1. This new wife tend to sit powers over everything saying she married in court so she is entitled to every details running at home, e.g my dad has chains of businesses and houses around Lagos and Delta.
Me being the senior son, I tried to be close to her so she could be loved by my younger ones, but her attitude and pompous ego centric behavior is making her feel untop the world that she is the boss because she got married in court and legally she controls what the husband has with equal power. Example, in one of my fathers compound, the wife is currently building a house on it without my knowledge, and she is bragging about it that so long she did the statutory marriage is her legal right to build on it because she owns what the husband own, this are properties she met just less than two years now, this are lands I myself had plans of building on to generate income.

Please OP, after reading most comments here I understand now that I too have a right, and her statutory marriage gives her support not to be chased away without legal divorce or compensation and child support if she had a baby for my dad (although no issue yet between them)

2. How can I cut her power, because this whole thing is tiring, I can't go to tenants to collect rents because them say madam don come collect am. I don't have to fight her, because the husband(my dad) is hypertensive.

3. I need more insights as to what we the kids stand to achieve or legally claim if a Will is not written in her favor after death or even if the will goes in her favor after death.

Am grateful, and hope to hear from you asap

Ive been seperared from my husband for 3yrs plus. The registry wedding was not properly done cos i got the form from ikoyi, he paid someone there to fast track the 21 day notice. We didn't have a swearing in ceremony but i was given a form to be taken to the church which was returned to the registry after the church wedding.
1) Is the marriage really legal
2) is this a good ground for annulment?

polobyRalph:
Ive been seperared from my husband for 3yrs plus. The registry wedding was not properly done cos i got the form from ikoyi, he paid someone there to fast track the 21 day notice. We didn't have a swearing in ceremony but i was given a form to be taken to the church which was returned to the registry after the church wedding.
1) Is the marriage really legal
2) is this a good ground for annulment?

Just seeing this.
You need to apply for a divorce. Was the marriage celebrated in church and signed? If yes, then you are married. Pls give me a number so I can contact you

zubinike:
So Educative.

My dad got married to my mum over 40years ago traditionally, but in 2017 their marriage became obsolete by mutual agreement of the both family, so dowry was returned and everyone went separate ways.
In 2018, my dad remarried and this time he had a statutory wedding with his new wife.

1. This new wife tend to sit powers over everything saying she married in court so she is entitled to every details running at home, e.g my dad has chains of businesses and houses around Lagos and Delta.
Me being the senior son, I tried to be close to her so she could be loved by my younger ones, but her attitude and pompous ego centric behavior is making her feel untop the world that she is the boss because she got married in court and legally she controls what the husband has with equal power. Example, in one of my fathers compound, the wife is currently building a house on it without my knowledge, and she is bragging about it that so long she did the statutory marriage is her legal right to build on it because she owns what the husband own, this are properties she met just less than two years now, this are lands I myself had plans of building on to generate income.

Please OP, after reading most comments here I understand now that I too have a right, and her statutory marriage gives her support not to be chased away without legal divorce or compensation and child support if she had a baby for my dad (although no issue yet between them)

2. How can I cut her power, because this whole thing is tiring, I can't go to tenants to collect rents because them say madam don come collect am. I don't have to fight her, because the husband(my dad) is hypertensive.

3. I need more insights as to what we the kids stand to achieve or legally claim if a Will is not written in her favor after death or even if the will goes in her favor after death.

Am grateful, and hope to hear from you asap

Very sad situation. Upon your mum's dissolution of the marriage with your dad, she should have asked for a separation of property then some properties would be given to mummy. And then to you.
Now you didn't state where you come from, but under the administration of estates law in most states, the legal wife is entitled to 1/3 of the man's estate if he dies without a will. So do your maths.

Hmmm

zubinike:
So Educative.

My dad got married to my mum over 40years ago traditionally, but in 2017 their marriage became obsolete by mutual agreement of the both family, so dowry was returned and everyone went separate ways.
In 2018, my dad remarried and this time he had a statutory wedding with his new wife.

1. This new wife tend to sit powers over everything saying she married in court so she is entitled to every details running at home, e.g my dad has chains of businesses and houses around Lagos and Delta.
Me being the senior son, I tried to be close to her so she could be loved by my younger ones, but her attitude and pompous ego centric behavior is making her feel untop the world that she is the boss because she got married in court and legally she controls what the husband has with equal power. Example, in one of my fathers compound, the wife is currently building a house on it without my knowledge, and she is bragging about it that so long she did the statutory marriage is her legal right to build on it because she owns what the husband own, this are properties she met just less than two years now, this are lands I myself had plans of building on to generate income.

Please OP, after reading most comments here I understand now that I too have a right, and her statutory marriage gives her support not to be chased away without legal divorce or compensation and child support if she had a baby for my dad (although no issue yet between them)

2. How can I cut her power, because this whole thing is tiring, I can't go to tenants to collect rents because them say madam don come collect am. I don't have to fight her, because the husband(my dad) is hypertensive.

3. I need more insights as to what we the kids stand to achieve or legally claim if a Will is not written in her favor after death or even if the will goes in her favor after death.

Am grateful, and hope to hear from you asap

Why not send her 6 feet under the earth.