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Nairaland Forum / Nairaland / General / Family / How To Divorce? My Sister's Husband Is About To Kill Her. (52747 Views)
About To Divorce My Husband Who Sponsored Me In School. / I Want To Divorce My Husband As Soon As Possible / Time To Divorce My Wife? (2) (3) (4)
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Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Leezah(f): 8:22am On Mar 20, 2020 |
HOW TO GET A DIVORCE IN NIGERIA This article is for people who have decided that they want to get a divorce. Simple. This article is not meant to give advice on whether or not you should try to make your marriage work, or go to marriage counselling. No. The point of the article is to state as clearly as possible what you need to consider when you have made the decision to get a divorce. Under Nigerian law, a marriage can only be ended in 2 ways – by the death of one of the partners, or by an order of the court. The divorce process is the process to follow in order to get a court order to dissolve a marriage. Unlike in some countries where a divorce can be a relatively quick process, it would appear that the law in Nigeria has been made unduly cumbersome (rightly so in some people’s opinion), to ensure that marriage contracts and divorces are not entered into willy-nilly. The first thing you should know is that you will need the services of a lawyer to get a divorce. Under Nigerian divorce law, a lawyer has to represent you in court in order to bring your case for divorce. Now, we could end this article at this point, and say, if you need a divorce, then go out and get a lawyer. However, that would be defeating the purpose of this article, what we want to do is explain in some more detail what the divorce process entails, so you know what to expect. PREPARATION Step 1- you need to understand what type of marriage you have. The divorce process depends to a large extent on how the marriage was solemnised. In present day Nigeria, most of the marriages are registered (i.e. you and your partner have a Marriage licence from a Marriage Registry), these sorts of marriages are referred to as marriages under the Act, and we shall focus on this type of marriage in this article. Step 2 – you need to understand why you want a divorce, what is the reason for the divorce. Under the Matrimonial Causes Act (the law which governs the divorce process in Nigeria), there are certain stated grounds which can be used to dissolve a marriage. They include things like adultery, living apart for a period of time, habitual drunkenness, criminal acts etc. You need to ensure that your reason for divorce can fit into one of the grounds to prove divorce. You can read more about the grounds of divorce here. However, don’t worry too much about this now, once you speak to a lawyer he/she will listen to your case and advise you properly on which ground of divorce your reason may be able to fit under. Step 3 – You need to begin to think about what you want out of the divorce. This will largely depend on the specific situations of your marriage. Things you should begin to consider are: Who will have custody of children? Will your spouse pay for maintenance of the children? If you are unemployed, do you want maintenance from your spouse? (you will need to prove why the court should grant this) How will the property be shared? Do you believe you are 100% entitled to certain property because you paid for them? Etc. These are some of the things you need to be thinking about, but again, don’t worry about it too much, a good lawyer will be able to elicit this information from you and ensure all the bases are covered and you are adequately protected and you get what you deserve. THE DIVORCE PROCESS Step 1 – The divorce process officially commences when your lawyer files what is known as a petition for divorce in the High Court. This bundle of documents basically states your case- who you are married to, where you got married, how long you have been married for, why you want a divorce, what you want from the divorce, and any evidence to back this up. This is where the lawyer begins to earn their fee. They will draft and file all the necessary court processes and ensure you have put forward your petition in a logical and professional manner. If you are the person who filed the petition you are referred to as the petitioner, and your spouse is the respondent. Step 2– Once the document is filed in the court, it will be given a file number in the court system (the Family court division), and then the contents of your petition will be served on (delivered to) your spouse (and his lawyer). Your spouse will be given a certain number of days (it varies based on which State your petition is filed) to respond to your petition. The content of the response will depend on if your spouse also wants a divorce. Step 3 – Once your spouse has replied to your petition, the courts will then hear the case in open court. If there are any witnesses that need to be called to corroborate any evidence, they will appear in court. Step 4 – If the judge is satisfied that a divorce should be granted, then it grants what is known as a ‘decree nisi’, basically that the marriage should be dissolved. However, the decree nisi does not mean that it has been dissolved, you will have to wait for another 3 months, and then the decree nisi will become a ‘decree absolute’. Step 5 – the judge has the power to grant custody of any children to either spouse, and can make orders for the payment of maintenance (for the spouse and children), and also make orders for the settlement of any property of the marriage. The above is a very general overview of the divorce process. As each marriage will have its own specific set of facts, the process will vary, and that is why it is important to seek the advice and counsel of a qualified lawyer before embarking on a divorce. Source-LawPadi ************************************************************************************************************************************************************* You can start a divorce process in two ways: mutual consent divorce or contested divorce. A divorce by mutual consent is a kind of divorce whereby both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably. Mutual consent divorce is also called an uncontested divorce as the husband and wife file a joint divorce petition without the need to contest it in the court. There are basically 3 conditions which can be fulfilled to get a mutual consent divorce These grounds are: -Both the parties to the marriage have been living separately for a period of one year or more -They have not been able to live together -They have now mutually agreed for the dissolution of the marriage Documents Required *Address proof of husband *Address proof of wife *Marriage certificate *Four passport size photographs of the marriage of husband and wife *Evidence proving spouses are living separately for more than a year. *Evidence relating to the failed attempts of reconciliation *Further when the case proceeds in the Courts; there are certain other documents which have to be presented to get a Divorce Decree: Income Tax Returns (3 years) Details of present income Birth and family details The details of the assets Competent Court and Jurisdiction There are various courts that can try a Divorce case, but eventually, only the competent court must be approached to get a Regular Valid Decree. The petition for mutual divorce can be filled in these competent courts: 1. The court having jurisdiction over the area where couple seeking divorce last lived together 2. The court having jurisdiction over the area where the marriage was solemnized 3. The court having jurisdiction over the area where the wife is residing as of present 4. Procedure To Obtain Mutual Consent Divorce The process of getting the divorce might seem a little hectic, yet it the ideal process to follow the same. The procedure being: -Petition to be filed under Marriage Act, -Both the parties need to file this petition together seeking the divorce before the District Court. -The parties intending to dissolve a marriage can file for divorce after at least one year from the date of marriage. -Both the parties need to file the petition together seeking the divorce before the District Court. -Parties are required to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce. -Jurisdiction is with the Family Court of the city/ district where the parties last resided together (matrimonial home). -The divorce petition is filed in the form of affidavit thereby stating that the divorce is by mutual consent and containing the agreed clauses by the parties. (First Motion) -Recording of statements of both parties by the court. -Six months of cooling period (not more than eighteen months in any case) granted by the court in a case to the parties wish to consider any reconciliation. -During the period of six months, any of the party is fully entitled to withdraw the mutual consent by filing an application before the court. -After six months, parties present themselves in front of the court. -Parties confirm the mutual consent filed earlier. (Second Motion). -Decree of Divorce granted by the court. Contested Divorce Contested divorce is where one party does not want to dissolve the marriage for whatever reasons. One-sided divorce takes place when one spouse has the grounds for separation and wishes to end the marriage. As the name suggests, the husband and wife contest each other to get the most out of a divorce proceeding and hire a divorce lawyer in India to represent their interest. To contest a divorce in courts, the following procedure is laid down: Filing a divorce petition- After recognising the court of appropriate jurisdiction, the contested divorce petition must be drafted by an experienced divorce attorney and must contain the issues and problems that have arisen out of the marriage and mention the grounds on which the petitioner wants to file a divorce. Once the divorce petition is filed, the court will issue summons to the other spouse notifying him/her that a divorce case has been filed by their spouse. Reply by the opposite party- Once the summons has been sent, the opposite party is required to write his/her reply to such petition explaining their side. However, if the opposite party choose not to show up at the hearing date, the court may proceed to give a decision after hearing the side of one party only. Interim decision- At the initial stage, the court might suggest that the divorcing spouses take up the process of mediation to settle their disputes before getting a divorce. Mediation will involve a third neutral party who will help in mediating communication between the spouses. Filing of evidence- If the mediation does not give a positive result, normal proceedings resume and the evidence is submitted by divorce lawyers of both the spouses. Examination and cross-examination take place- evidence from the petitioner is taken into record first and then from the opposite party. Final arguments- Once the evidence is filed, final arguments between the parties take place. Final arguments are the primary deciding factors on which the court finalises dissolution of marriage. Divorce decree- At the conclusion of arguments, the court gives out its final judgment and passes a divorce decree. 12 Likes 2 Shares |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:26am On Mar 20, 2020 |
Barney001:A dumb prick, let us hear the other side of the story na.. He has tabled his sister own, the husband own nko Idiat oshi 4 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by spongeisback: 8:28am On Mar 20, 2020 |
Ok let's all agree he has money, does that give him the right to beat her? So because OP has eaten his money that means he should stand by and do nothing will his sister is being brutalized? I don't know how most of you think no wonder you money worshipping grubbers see nothing wrong with this DenreleDave: 19 Likes 1 Share |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Barney001: 8:32am On Mar 20, 2020 |
DenreleDave:Gbenu soun jare...... You can go and ask the husband for the complete story na Radarada... Spits...spits again on your bald head 17 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SweetCunt97(f): 8:37am On Mar 20, 2020 |
DenreleDave:So broke men don't oppress or don't abuse their wives based on frustration shey? Armchair assumer.. 20 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:44am On Mar 20, 2020 |
spongeisback: Will u shut up Mr man... Are you telling me that the lady doesn't know this b4 they got married.... Do u av sense at all? Any attitude or drama happening in That marriage must have happened in their dating years... But the dumb sister didn't do the right thing.. Shebi since money covers attitude, then she is paying for it.. Moreover, OP is on the side of his sister, has anyone come to present how the matter is from the man side... Don't be a idiat 5 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:45am On Mar 20, 2020 |
Barney001: Anytin that happened now happened b4 but she was carried away by money... Let her suffer for it small 1 Like |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:46am On Mar 20, 2020 |
SweetCunt97: Then dependent ladies shud not find a way to leech on responsible men.. They shud try be independent too.. Have u heard from the other side? Idiat, I can't blame u na.. U a lady, u will always defend ur people 6 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:48am On Mar 20, 2020 |
[s] Leezah:[/s] See the one, she derives her own happiness from breaking home into pieces... Idiat girl 4 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 8:50am On Mar 20, 2020 |
Born2conquer: U dey craze, shebi when e dey sweet, u and ur sister plus family dey enjoy but wen things change now, una won run. Wooo all of una die there.. Una go face am together with ur sister facing the greater part 1 Like |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by spongeisback: 8:55am On Mar 20, 2020 |
Do you know what's funny? Because you just said a whole lot of nonsense! How did you know the man in question is rich? Nigeria is the poverty capital of the world so pray tell how many Nigerians are rich?! I asked you a question and you didn't answer, so does being rich give him the right to beat her? You think it's everything about them that people show when they're dating?! I know someone that her husband has been to rehab 5 times in the space of 3 years and she had no idea he was a drug addict when they were dating. You want to hear the man's side of the story why he's beating his wife right? You're the idiót, because if you weren't you wouldn't think about the financial status of the man, because idióts like you believe whenever women complain about their husbands on this forum you assume the women married for money, meanwhile poor men are more violent, all those pictures of women being killed and beaten by their husbands on FP how many of those men are rich? DenreleDave: 18 Likes 1 Share |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SweetCunt97(f): 8:56am On Mar 20, 2020 |
DenreleDave:So an independent married woman can't suffer abuse? Boy engage me on an intellectual discourse... Wanna know how intelligent you are.. Reason deeply before replying pls... And do so in a civilized manner if u can manage it 16 Likes 1 Share |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:02am On Mar 20, 2020 |
SweetCunt97: Same u said Martinez39s isn't intelligent to hold a conversation... Swerve, CAnt engage in any kind of unfruitful discussion with u... Now read again, what happening now must have happened when they were dating.. Na money she find go, Na beatings she find come And who told you that she is suffering from abuse... Shebi u only know what the OP posted, did u know the real. Story.. Even the op when asked to talk in details, he said he can't.. Who is deceiving who 4 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SweetCunt97(f): 9:06am On Mar 20, 2020 |
DenreleDave:I fink I get where you coming from. But I'll advise you to simply let it go.. Don't allow it eat you up cos u simply making it obvious. In the end, it's what you've done for yourself and the happiness therein that matters. 2 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by spongeisback: 9:06am On Mar 20, 2020 |
Seriously the way the "men" on this forum reason I shudder to think what the women in their lives go through. Most women are even the bread winners and still they get beaten on the regular. My account officer had to leave the country, guess what when ever she comes back from work her lazy husband that does NOTHING insists on smelling her pants. She was always coming to work with one injury or another. It was the manager of the branch that took it upon herself and she made sure the lady left the marriage. This was a woman that was single handedly taking care of three kids and her husband. If I wasn't a Nigerian living in Nigeria I would think Nigerian women are the only problem we have in this country the way some guys here paint them. SweetCunt97: 26 Likes 4 Shares |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:06am On Mar 20, 2020 |
spongeisback: Lemme answer u one by one True true I don't know if the man is rich or not Shey u too know if the lady is suffering from abuse or not, shebi na wetin OP write we see, shey u too know wetin happen Gan gan Do you know if the husband is beating the wife... Idiot,, where did you read that the OP mentioned that he is beating her sister.. Pls quote me where the OP said that b4 u foolishly assumed. Oponu, so do u assume all ladies that come here to say false things are right too Don't be a pussy... Idiat oponu 2 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:08am On Mar 20, 2020 |
spongeisback: Let ur account officer quit... She is independent... You know that b4 she is close to u but do u know the OP or op family in question Let ur acct officer divorce... |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Skmoda360(m): 9:08am On Mar 20, 2020 |
kindly get your sister outta that house first.....hope you pick my drift 6 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:12am On Mar 20, 2020 |
SweetCunt97: No u don't no where I am coming from I insist, she saw this b4 marriage and she was okay with it... 2ndly, let the op tell us what happened. 3rdly, never judge till u hear the other side I am ashamed to say this... Spongeisback..... My mum suffers physical abuse too and I felt like killing my dad sumtyms AL bcoxx my mum felt he wasn't responsible enough for us... But let the OP tell us in full what happened. What if the lady in question is not thinking of divorce but the op is doing this with our her consent One reason why I still have some resentment against my dad till date even though we are cool. I know some men are evil and I can't justify their evilness.. But the thing is, let the OP state what happened 2 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:13am On Mar 20, 2020 |
Skmoda360: Which ouse, shey the one he paid bride price for abi which one Let's the op tell us in details first jare. I bliv the sister isn't a kid, she knows what she want Ask ursef, what if the sis doesn't Wana leave her husband house nko 2 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by spongeisback: 9:13am On Mar 20, 2020 |
Ok first of all your not smart, that's why you expect to be spoon fed everything before you understand because if you really read through my right up you would see that she's divorced but since your IQ is in the negatives you want me to write it in ABCs. DenreleDave: Like I said you're not smart, the OP said he wants to kill his sister, and she wants a divorce which means the sister is suffering from domestic violence. He doesn't have to write it the way I just did for a smart person to understand but hey don't beat yourself up you can spell Oponu. DenreleDave: 6 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Skmoda360(m): 9:15am On Mar 20, 2020 |
DenreleDave:so you expect him to purge out the details.....nah! nah!! nah!!! People don't do that except dunce.... 5 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:15am On Mar 20, 2020 |
SweetCunt97:. Do u think I will be a fool to see a woman suffer innocently from his husband and i will still support the man. No hell no. Infact I can beat the man sef. I grew up thinking a man can beat a woman, it's no big deal but as I grew, I realized that it's wrong to beat a woman. |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:16am On Mar 20, 2020 |
Skmoda360: Bros... So u expect me to bliv one sided story.. Not even frm the source but from a 3rd party? |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by incogni2o: 9:18am On Mar 20, 2020 |
Lexusgs430: I uderstanad your perspective. You know Beauty and the Beast |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:20am On Mar 20, 2020 |
spongeisback: |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SweetCunt97(f): 9:21am On Mar 20, 2020 |
DenreleDave:So ur mom married ur dad cos of money? She's so dependent on him she couldn't leave? Anyways like I said, you simply gotta let it go. The decisions these older people made shouldn't weigh u down, they've lived their lives. 2 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by captianfreeman(m): 9:22am On Mar 20, 2020 |
Born2conquer: Dissolution of marriage doesn't work like that. There are laid down procedures to be followed. Meanwhile you need to check to be sure if your sister is not the problem. Good luck to you. 1 Like |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Skmoda360(m): 9:24am On Mar 20, 2020 |
DenreleDave:well I won't expect you to believe though......your point might be genuine and no woman can stay for long in an abusive relationship if she is financially independent except if she is dumb and foolish in this present generation. 3 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:24am On Mar 20, 2020 |
SweetCunt97: I don't know if it's for money or not but mum stayed bcox of us and my dad no get money sef... Yes bcox of us.. Many are facing it too Some men are been punished by their wives too but they stayed Cox of their kids.. Just dt ladies are quick to complain but men rather r keep to themselves |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SweetCunt97(f): 9:25am On Mar 20, 2020 |
DenreleDave:You talk about divorce but most of these ladies have been brainwashed to think divorce is evil. Families ain't helping matters either, you'd hear them say nonsense about shame in d society... If we can fvck all that shii, no one will swallow bulshiit in marriage. And people marrying should do well to have something doing so you can walk out that door when love and respect is no longer served. 6 Likes |
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by DenreleDave(m): 9:26am On Mar 20, 2020 |
captianfreeman: Thank you.. SweetCunt97 spongeisback Skmoda360 Learn from the 2nd to the last paragraph. What if the sister is the problem but u guys are shouting divorce divorce.. What if? 2 Likes |
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