AXYZ's Posts
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[quote author=Noble.G]Church marriage and Court marriage are acceptable under Law but the latter is more powerful during divorce. When you do a Court marriage, any future divorce MUST be settled in court. While Church marriage can also be settled be settled in court but not necessary. In developed countries, court is always automatically involved in all marriages, that's why they usually go to court to divorce. Back to your question. The family wants strong legal protection for their daughter in case of divorce. That's, if they do the Court marriage and later wish to divorce, court MUST decide how the divorce settlement goes. The court; 1. will determine if the reason for the divorce is genuine. 2. can stop or effect the divorce. 3. will decide who gets what, if the divorce must occur. It could be in the form of cash or property or both. 4. will decide who gets the custody of the children (if they exist). 5. will decide when the divorce takes place. 6. will make sure no partner is kicked out of the matrimonial without divorce. 7. will make sure no partner marries another person without first divorcing his or her partner. And many other stuffs. Church marriage is NOT obliged to go through the same court divorce process as in Court marriage. But what Nigerians don't know, especially women, is that as long as a court of law recognizes Church marriage, court still has the authority to be involved in any divorce case IF the couple or partner lodge the case in court. And the couple can also settle the divorce out of court if they wish. But a Court married couple CAN'T end their divorce out of court. If your partner is richer than you, Court marriage will benefit you more during divorce. If you're richer than your partner and don't want court to award half of your wealth to your partner during divorce, then DON'T go into Court marriage.[/quote]Noble, thanks for the succinct analysis. May I request that you help on this: I have a female friend who is seperated for almost two years but not legally divorced yet. She wants to initiate divorce proceedings. However, she happens to be pregnant already for a new lover who wants to marry her (even before the divorce). What can you advice she does? Thanks |