Law | DISSOLUTION OF MARRIAGE: PROBLEMS AND PROSPECTS

DISSOLUTION OF MARRIAGE: PROBLEMS AND PROSPECTS

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DISSOLUTION OF MARRIAGE: PROBLEMS AND PROSPECTS

ABSTRACTThe decree of dissolution of marriage which is defined as the legal separation o f man and wife effected by the judgement or decree of a court, and either totally dissolving the marriage relation, or suspending its effect so far as it concerns the cohabitation of the parties. Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that their marriages are not what they expected. Therefore, no proceedings for dissolution may be instituted within two years of marriage without leave of court except where divorce proceedings are based on the facts of wilful and persistent refusal to consummate, adultery or the commission of rape, sodomy or bestiality. The subject matter of this research is to examine the nature and the conditions for dissolution of marriage, the likely problems that tend to follow and prospects. However, the study will further discuss the various types of marriage, validity of customary marriage and statutory marriage, capacity and formalities of marriage. In carrying out this research, emphasis will be laid on the various grounds for dissolving statutory marriage under the Matrimonial Causes Decree and the Marriage Act 1970 and customary marriage under the customary law. Also, the differences between dissolution of customary marriage and statutory marriage. But, it should be noted that, it is not the intention of the researcher to see that marriages which are ordained by God and which were hitherto, build on mutual trust and confidence between the parties and their families go asunder. But rather, to discourage spouses on dissolution of their marriages by providing a lasting solution to this, in order for us to have a better society and also to consider the pathetic effect of such on the society, children and family.

TABLE OF CONTENTS 

ABSTRACTTABLE OF CASESTABLE OF STATUTESLIST OF ABBREVIATION

CHAPTER 1GENERATION INTRODUCTION1.0.0: INTRODUCTION1.1.0: BACKGROUND TO STUDY1.2.0: OBJECTIVES OF STUDY1.3.0: FOCUS OF STUDY1.4.0: SCOPE OF STUDY1.5.0: METHODOLOGY1.6.0: LITERATURE REVIEW1.7.0: DEFINITION OF TERMS1.8.0: CONCLUSION

CHAPTER 2CONCEPT OF MARRIAGE2.0.0: INTRODUCTION2.1.0: DEFINITIONS OF MARRIAGE2.2.0: TYPES OF MARRIAGE2.2.1.0: MONOGAMOUS MARRIAGE2.2.2.0: POLYGAMOUS MARRIAGE2.3.0: FORMALITIES FOR MARRIAGE2.3.1.0: NOTICE OF MARRIAGE2.3.2.0: REGISTRAR’S CERTIFICATE2.3.3.0: SPECIAL LICENCE2.4.0: CAPACITY TO MARRIAGE2.4.1.0: SINGLE STATUS2.4.2.0: INFANCY2.4.3.0: AGE2.4.4.0: CONSENT2.5.0: GROUNDS ON WHICH MARRIAGE MAY BE VOID2.5.1.0: EXISTING LAWFUL MARRIAGE2.5.2.0: PROHIBITED DEGREE OF AFFINITY  OR CONSANGUINITY2.5.3.0: FORMAL INVALIDITY2.6.0: GROUNDS ON WHICH MARRIAGE IS VOIDABLE2.6.1.0: INCAPACITY TO CONSUMMATE MARRIAGE2.6.2.0:UNSOUNDNESS OF MIND, MENTAL DISORDER AND EPILEPSY2.6.3.0: VENERAL DISEASE2.7.0: MATRIMONIAL CAUSES JURISDICTION2.8.0: CONCLUSION

CHAPTER 3DISSOLUTION OF MARRIAGE3.0.0: INTRODUCTION3.1.0: BARS TO A PETITION FOR DISSOLUTION OF MARRIAGE3.1.1.0: CONDONATION3.1.2.0: CONNIVANCE3.1.3.0: COLLUSION3.1.4.0: PETITIONER’S ADULTERY3.1.5.0: PETITIONER’S DESERTION3.1.6.0: CONDUCT CONDUCING3.2.0: DISSOLUTION OF STATUTORY MARRIAGE3.3.0: GROUNDS FOR DISSOLUTION OF STATUTORY MARRIAGE3.3.1.0: WILFUL AND PERSISTENT REFUSAL TO CONSUMATE MARRIAGE3.3.2.0: ADULTERY AND INTOLERABILITY3.3.3.0: DESERTION3.4.0: DISSOLUTION OF CUSTOMARY MARRIAGE3.5.0: GROUNDS FOR DISSOLUTION OF CUSTOMARY MARRIAGE3.5.1.0: GENERAL GROUNDS3.5.2.0: STATUTORY GROUNDS3.6.0:DIFFERENCES BETWEEN DISSOLUTION OF CUSTOMARY MARRIAGE AND STATUTORY MARRIAGE3.7.0: CONCLUSION

CHAPTER 4PROBLEMS AND PROSPECTS OF DISSOLUTION OF MARRIAGE4.0.0: INTRODUCTION4.1.0: GENERAL PROBLEMS OF DISSOLUTION OF MARRIAGE4.1.1.0: FINANCIAL PROBLEM4.1.2.0: PSYCHOLOGICAL PROBLEM4.1.3.0: LACK OF PROPER MAINTENANCE4.1.4.0: SETTLEMENT OF PROPERTY4.1.5.0: CUSTODY OF CHILDREN4.3.0: CONCLUSIONCHAPTER 5CONCLUSION AND RECOMMENDATION5.0.0: CONCLUSION5.1.0: RECOMMENDATION

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