THE NEED FOR REFORMS ASSOCIATED WITH PROBLEMS IN DISSOLUTION OF MARRIAGE UNDER THE NIGERIAN MARRIAGE ACT

Abstract

Before 1970, the Nigerian divorce legislation followed the matrimonial offence theory, which was influenced by English Matrimonial Cause Laws. With respect to this theory, a marriage could only be terminated if a spouse-party committed a matrimonial offence such as adultery, cruelty, or desertion. This concept however faced consistent criticism from scholars and jurists who argued that the theory emphasized assignment of blame rather than addressing the underlying causes of marital breakdown. Critics undeniably considered matrimonial offences as indications rather than the actual reasons for marital problems. Nevertheless, a significant shift occurred with the enactment of the Act, introducing the breakdown principle, which permits either party to seek divorce based on the irretrievable breakdown of the marriage. This paradigmatic shift streamlined the divorce procedure, removing the necessity to prove specific matrimonial offences for obtaining a divorce. Flowing from the above, the paper argued the need to appreciate the inherent problems associated with the process of obtaining a divorce under the Nigerian Marriage Act as well as the aftermath effects. The author maintained that there is a structured procedure for the dissolution of marriages, with inherent notable complexities and gaps that negatively or positively impact implementation, thereof.