Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,205,003 members, 7,990,756 topics. Date: Thursday, 31 October 2024 at 11:48 PM

No Court Marriage. Must We Separate By Going Through Divorce In Court? - Family (4) - Nairaland

Nairaland Forum / Nairaland / General / Family / No Court Marriage. Must We Separate By Going Through Divorce In Court? (50090 Views)

My Friend Is Currently Going Through A Divorce In UK &having A Hell Of A Time / US Man Going Through Divorce Crashes Dump Truck Into Wife's Home & Cars (Video) / Kayan Mata, Cause Of Alarming Rate Of Divorce In Abuja, Other States (2) (3) (4)

(1) (2) (3) (4) (5) (6) (7) (8) (Reply) (Go Down)

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by holytribe(m): 11:41pm On Mar 20, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
My opinion... If you are based in Lagos, kindly visit the ministry of justice (welfare department) in Alausa. They will be able to provide guild lines incase there is any case as regards the children.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by wellmax(m): 11:41pm On Mar 20, 2020
1030:
The court can only come in when there is a legal document to show that both parties were married and in this case none exist.

As for the children welfare there is no clear guide on how this should be handle since no marriage exist here.


Stop the misinformation.

Customary marriage is recognised by law.

If you had any meeting/introduction/gift giving with the family of the lady, then you are married to her. A court will and must be there for divorce. Except you want to do it the streets way

1 Like

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by SUPERPACK: 11:44pm On Mar 20, 2020
UnknownQueen:


We have not... He probably wants me to call my people again... So they can beg him as usual and feed his manly ego... I only just want him to monetize my assets and liabilities with him. But this he will not agree to
I think a court can help to iron out an agreement that will favour both of you.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Jakub1: 11:45pm On Mar 20, 2020
[s]
NdiaraIGBO:


Idi£t what do you need 3 children for? 3!
[/s]
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by UnknownQueen(f): 11:49pm On Mar 20, 2020
SUPERPACK:
I think a court can help to iron out an agreement that will favour both of you.

OK bro.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by tonididdy(m): 11:50pm On Mar 20, 2020
I don't have a problem with two adults starting a family with or without the parents consent.

Family is a man, his woman and the children. How they became a family isn't important but that they are a family.

I don't plan to get married if my gf is ok with that otherwise I will succumb to her wishes but all of it to me is "not so important".

GN
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by UnknownQueen(f): 11:50pm On Mar 20, 2020
SUPERPACK:
Is he planning to marry another woman? If yes, I think it will be better to go with your kids so you can train and protect them too. But have you exhausted all means of reconciliation?

Yes he is planning to...
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Jakub1: 11:53pm On Mar 20, 2020
[s]
FrLukas:
You are not married in the eyes of the law, which means the law doesn't recognize cohabitation.

You should have thought of the kids though before bringing them into this world.

Now the kids are going to suffer for the thoughtlessness of their parents.
[/s]
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Vatod(m): 12:03am On Mar 21, 2020
I buy Bitcoin at cool rate, fast payment assured!
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by baby124: 12:10am On Mar 21, 2020
This is a civil partnership/ common law marriage in the eyes of the law. The man/woman must still take care of his/her responsibilities. Go to court and reach an agreement. He has children from the partnership who are eligible and have full rights of children within a marriage.

1 Like

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by petitejolie(f): 12:13am On Mar 21, 2020
sisisioge:
Assually, this is the easiest situation when it comes to separation. The guy and babe should just amiably agree to go their separate ways, they could also decide on the living and maintenance arrangement for the kids as well. No court, no mediation...just separate yourselves plus belongings.

We are not like the oyinbo that considers a consistent year of living together as a sort of common law marriage.
even in some oyibo land common law marriage is not even applicable in this scenario sef.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by petitejolie(f): 12:16am On Mar 21, 2020
Nwaonyishi69:
It depends on the peculiar culture. In some places who ever made a woman pregnant is the father of the child. Otherwise, the child would be regarded as a bastard. Forget the gra gra Tonto Dike is doing.
I think he’s referring to marriage not paternity
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by iswallker(m): 12:20am On Mar 21, 2020
SUPERPACK:
What I see in this case is cohabitation not marriage. So both of them should separate themselves as they wish since there was never a union in the first instance. Have you ever heard a boyfriend or girlfriend going to court when they no longer want a relationship?
The court will help in getting child support for the kids and also determining who takes custody of the kids ( father or mother).

Stupid you.. Cohabitation is marriage under customary law. One of the parties must file for divorce in a magistrate court - especially when there is conflict on how they should separate or one party disagrees with the separation.. undecided
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 12:23am On Mar 21, 2020
UnknownQueen:

I'm presently going thru this...

We are married.... Registry, church traditional..

He wants me to pack and leave his house before or on March ending...

He said I can always come to check the kids, girl 5 years, boy 1 year 3 months.

He didn't talk about assets sharing.

He has a landed property and started work on it but not yet completed yet.
I invested almost 500k into the laundry business he has.... Bought Gen, geepee tank washing machine.... Irons, shop rent etc.

But he is asking me to leave just like that... If not he will cause a scene....

How do I go about this?


1) you need a lawyer
2) you need evidence that you made those investments.if you have the receipts for the purchases or maybe evidence of transfers
3) you should also be prepared to cause your own scene. this is a time for my craze pass your own.
4) there are NGOs that can push your case
https://www.legit.ng/1116142-agencies-responsible-protection-womens-rights-nigeria.html

i do not remeber the names but Naptu2 does. he is an encylopedia on these things. i have tagged him. hopefully he will drop the contact .

3 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by AmazonHippolyta(f): 12:25am On Mar 21, 2020
vickydevoka:

If u are serious with ur words. Try call his people, of u are not close to Dem call ur people to meet his people to sort things out.
Wen u are eventually back together, please since u knw ur husband is short tempered, never u exchange words with him try to be submissive n try going closer to his people to caution him

The husband is the one with the problem here not her so advice the husband.
Instead you just tried to fault her in everything.The man has a problem.and he should deal with it.This is not the advice she sought that you gave her

6 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by AmazonHippolyta(f): 12:27am On Mar 21, 2020
AuroraB:
Stop this! The woman's got stolen because she's a loaf of bread, a purse or something lipsrsealed
Isn't this very out of place?
I agree I was irritated by the comment.

So a woman is now a commodity that can be stolen what a village mentality
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by AmazonHippolyta(f): 12:31am On Mar 21, 2020
ornicus:


1) you need a lawyer
2) you need evidence that you made those investments.if you have the receipts for the purchases or maybe evidence of transfers
3) you should also be prepared to cause your own scene. this is a time for my craze pass your own.
4) there are NGOs that can push your case
https://www.legit.ng/1116142-agencies-responsible-protection-womens-rights-nigeria.html

i do not remeber the names but Naptu2 does. he is an encylopedia on these things. i have tagged him. hopefully he will drop the contact .
Unknownqueen please heed this advice don't let your husband eat his cake and have it get a lawyer and use all legal means necessary you can also contact your ministry of women affairs in your area and report the issue.

3 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by stchinedu: 12:32am On Mar 21, 2020
UnknownQueen:

I'm presently going thru this...

We are married.... Registry, church traditional..

He wants me to pack and leave his house before or on March ending...

He said I can always come to check the kids, girl 5 years, boy 1 year 3 months.

He didn't talk about assets sharing.

He has a landed property and started work on it but not yet completed yet.
I invested almost 500k into the laundry business he has.... Bought Gen, geepee tank washing machine.... Irons, shop rent etc.

But he is asking me to leave just like that... If not he will cause a scene....

How do I go about this?


Get a good lawyer ASAP. However, make sure it is properly reported, especially that 'cause a scene' part.

4 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nwaonyishi69: 12:35am On Mar 21, 2020
petitejolie:
I think he’s referring to marriage not paternity
Please, read again and see that he is more worried with the fate of their children.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Lexusgs430: 12:39am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?


They have both been living in sin..... Sexually, traditional, legally and religiously........

A legal redress, cannot be sought for an illegal union...... grin
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by DesignHave: 12:55am On Mar 21, 2020
@ memd

You'll need to send me a message on WhatsApp as I no longer have access to this mail so I can't respond to your pm.

My number is in my signature
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by greall12(m): 1:01am On Mar 21, 2020
Scammer , spammer.




Vatod:
I buy Bitcoin at cool rate, fast payment assured!
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by DedeNkem: 1:14am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?

Read the highlighted parts again! You are not legally married! You two are just boyfriend and girlfriend living together! And your kids were had out of wedlock!

So divorce is out of the equation! Only legally married couples can legally divorce!

If the relationship is no more conducive for you then you have to just walk away, but try to do so appropriately by informing your girlfriend and discuss how you guys gonna take care of the kids.

Remember, you need take care of your kids by law. Unless you want to lose your paternity right! Good luck.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by UnknownQueen(f): 1:16am On Mar 21, 2020
AmazonHippolyta:

Unknownqueen please heed this advice don't let your husband eat his cake and have it get a lawyer and use all legal means necessary you can also contact your ministry of women affairs in your area and report the issue.
OK I will... By his grace...

1 Like

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by BarrSly: 1:19am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?








It’s not like you’re married but there is something in law which we call ‘presumption of existence’. That is to say by virtue of your cohabiting for a certain period of while with that man, the court presumes you two as married. Only a smart lawyer would know how to challenge that issue and raise a preliminary objection to the suit as a whole. Feel free to contact me if you need more guidance.

1 Like

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by greall12(m): 1:21am On Mar 21, 2020
Madam

You don’t talk about your offence and Forget about your investment, ask your self if you really love the gentle man.







quote author=EJanni post=87622022] don't allow him to take your children away from you, they're too tender to stay without a mother. That said, proceed to court immediately.

Lastly, you can try out to resolve your differences and embrace peace. Just for the sake of your children. Marriage is not easy at all.[/quote]
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by AreaFada2: 1:27am On Mar 21, 2020
Remijuice:

Ok
Just that I always read these PM News or something (all these Igando Customary Court). You will find out that most of the cases of Infidelity or Domestic violence before the Court, most of the people involved were never married legally before the court.
They would be like "he got me pregnant when I was 20 years old, he promised me he will take care of me bla bla bla".
Things are never as easy or straightforward as common sense make them look.

There is something called Common Law Marriage (sui iuris)

Though it depends on legal system of a country.

But it's used to be called Lagos marriage. People from different parts of Nigeria got together, had kids, and hardly ever went back to their village with their family,

When you now have kids involved, you have to sort out custody and maintenance when relationship breaks down.
The court may have to step in.
Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Nobody: 1:29am On Mar 21, 2020
greall12:
Madam

You don’t talk about your offence and Forget about your investment, ask your self if you really love the gentle man.

quote author=EJanni post=87622022] don't allow him to take your children away from you, they're too tender to stay without a mother. That said, proceed to court immediately.

Lastly, you can try out to resolve your differences and embrace peace. Just for the sake of your children. Marriage is not easy at all.

If the man wants to quit, then he better pay back. With interest. What nonsense.

4 Likes

Re: No Court Marriage. Must We Separate By Going Through Divorce In Court? by Lastmankc(m): 1:31am On Mar 21, 2020
Remijuice:
Please Forgive my Grammar.

A man and a woman living together as husband and wife with kid(s) but are not legally Married. That is, no Traditional or Court Wedding.

If one of them decides not interested in the Union, should he/she go to court before they are Separated?

Modified: If there is no Divorce Proceedings, what happens to the kids?
Op ,I dey suspect you?if you know,you know

(1) (2) (3) (4) (5) (6) (7) (8) (Reply)

What Was Your Monthly Income When You Married? / Good Old Memories To Make You Smile (Throwback Pictures) / Man Rocks Gown, Fake Baby Bump In Maternity Photoshoot With Pregnant Wife (Pix)

(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. 50
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.