Divorce, Its Incidents And Place In The Nigerian Legal And Cultural System

The study examined divorce, its incidents and place in the Nigeria legal and cultural system. It focused on Nigeria legal and cultural system.

Efforts have been made in this case review to appraise the position of law in Nigeria in relation to the dissolution of marriage under the Customary Law which is often taken for granted simply because it is not a statutory marriage that needed to comply with any of the grounds stipulated

under the Matrimonial Causes Act. The law is clear that dissolution of marriage under the customary law equally requires the order of court to have it terminated and not by mere affidavit or personal verdict by the parties involved. Compliance with the provision of the law should be the yardstick for a proper dissolution of marriage.

The study focused on; examining the laws regulating dissolution of marriage. exploring the causes of divorce under the grounds for divorce in the Matrimonial Causes Act (MCA). determining the effects of divorce on the spouses, children and society at large. proposing modifications necessary in the laws regulating divorce and marriage. proposing mechanisms likely to curb the crippling effects of divorce on those affected.

The study revealed that; There are no provisions in the Matrimonial Causes Act considering obvious conflict situations. People should respect the institution of customary marriage and approach competent customary court when they find it expedient to dissolve such marriages. Divorce should not always be the best option for couples for the sake of their children. Family of the couple should always help the two different individuals foresee the future failure of the couple children once divorce is allowed there two adult couples.

The study concluded that divorce have a negative incidence and place in the Nigerian legal and cultural system and should not be seen as the best option.

The study suggested that: If serious marital discord arises the spouses should have the opportunity to attempt reconciliation with the assistance of a Marriage Reconciliatory Board. If reconciliation fails, it is evident that the marriage has broken down and the court should pronounce the divorce by decree. The establishment of specific matters as evidence or indication for the marriage. Basic arid elementary knowledge of marriages in Nigeria, attributes, essential ingredients, rights and duties must be included in the National Curriculum for both secondary and tertiary institutions. There must be other informal forms of educating the public on the marriages and consequences which will be directed towards other members of the public outside school setting. Public enlightenment campaigns, educational programmes carried out by government and non-governmental organisations.