An examination of the laws and procedures regulating dissolution of marriages

ABSTRACT

The

term marriage can be defined as the coming together of a man and a woman as

husband and wife. In Nigeria, marriages are contracted in various ways which

include statutory marriage, customary marriage and Islamic marriage.

At

the time of marriage, it is likely that neither of the parties envisages the

possibility of dissolution of the marriage. However, in recent times, the high

rate at which dissolution of marriages takes place all over the world,

especially in the developed countries shows that most people enter into

marriage but not “for better or for worse”.

mso-ansi-language:EN-US">Be that as it may, the subject matter of this research

is to examine the nature and the conditions for dissolution of marriage, the

various types of marriage, the laws and procedures regulating dissolution of

marriage, the various grounds for dissolving statutory marriage under the

Matrimonial Causes Decree and the Marriage Act 1970 and customary marriage

under the customary law.

mso-ansi-language:EN-US">Also, the differences between dissolution of customary

marriage and statutory marriage will be discussed. A comparative analysis of

the position in other jurisdictions like United Kingdom and Canada will also be

discussed. Finally, recommendations will be given for the improvement of the

general legal procedure for dissolution of marriage and the paper will be

concluded.

 

 

 

 

 

CHAPTERIZATION

CHAPTER 1

GENERAL INTRODUCTION

1.0

                  Introduction

1.1

                  Definitions of Marriage

1.2

                  Types of Marriage

1.3

                  Formalities for Marriage

1.4

                  Capacity to Marriage

1.5

                  Grounds on Which

Marriage May Be Void

1.6

                  Grounds on Which

Marriage Is Voidable

1.7

                  Matrimonial Causes

Jurisdiction

mso-ansi-language:EN-US">CHAPTER 2

mso-ansi-language:EN-US">DISSOLUTION OF MARRIAGE IN NIGERIA

2.0

                  Introduction

2.1

                  Bars to a Petition for

Dissolution of Marriage

2.2

                  Dissolution of Statutory

Marriage

2.3

                  Grounds for Dissolution

of Statutory Marriage

2.4

                  Dissolution of Customary

Marriage

2.5

                  Grounds for Dissolution

of Customary Marriage

mso-ansi-language:EN-US">2.6                   Differences

between Dissolution of Customary Marriage and Statutory Marriage

 

 

CHAPTER

3

DISSOLUTION

OF MARRIAGE IN OTHER JURISDICTIONS

mso-ansi-language:EN-US">3.1                   Dissolution

of Marriage in the United Kingdom

mso-ansi-language:EN-US">3.2                   Dissolution

of Marriage in Canada

mso-ansi-language:EN-US">3.3                   Comparative

Analysis of the Position in the United Kingdom and the Position in Nigeria

mso-ansi-language:EN-US">3.4                   Comparative

Analysis of the Position in Canada and the Position in Nigeria

CHAPTER

4

CONCLUSION

AND RECOMMENDATION

mso-ansi-language:EN-US">4.1                   Conclusion

mso-ansi-language:EN-US">4.2                   Recommendation