ABSTRACT The 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
ABSTRACT TABLE OF CASES TABLE OF STATUTES LIST OF ABBREVIATION
CHAPTER 1 GENERATION INTRODUCTION 1.0.0: INTRODUCTION 1.1.0: BACKGROUND TO STUDY 1.2.0: OBJECTIVES OF STUDY 1.3.0: FOCUS OF STUDY 1.4.0: SCOPE OF STUDY 1.5.0: METHODOLOGY 1.6.0: LITERATURE REVIEW 1.7.0: DEFINITION OF TERMS 1.8.0: CONCLUSION
CHAPTER 2 CONCEPT OF MARRIAGE 2.0.0: INTRODUCTION 2.1.0: DEFINITIONS OF MARRIAGE 2.2.0: TYPES OF MARRIAGE 126.96.36.199: MONOGAMOUS MARRIAGE 188.8.131.52: POLYGAMOUS MARRIAGE 2.3.0: FORMALITIES FOR MARRIAGE 184.108.40.206: NOTICE OF MARRIAGE 220.127.116.11: REGISTRAR’S CERTIFICATE 18.104.22.168: SPECIAL LICENCE 2.4.0: CAPACITY TO MARRIAGE 22.214.171.124: SINGLE STATUS 126.96.36.199: INFANCY 188.8.131.52: AGE 184.108.40.206: CONSENT 2.5.0: GROUNDS ON WHICH MARRIAGE MAY BE VOID 220.127.116.11: EXISTING LAWFUL MARRIAGE 18.104.22.168: PROHIBITED DEGREE OF AFFINITY OR CONSANGUINITY 22.214.171.124: FORMAL INVALIDITY 2.6.0: GROUNDS ON WHICH MARRIAGE IS VOIDABLE 126.96.36.199: INCAPACITY TO CONSUMMATE MARRIAGE 188.8.131.52:UNSOUNDNESS OF MIND, MENTAL DISORDER AND EPILEPSY 184.108.40.206: VENERAL DISEASE 2.7.0: MATRIMONIAL CAUSES JURISDICTION 2.8.0: CONCLUSION
CHAPTER 3 DISSOLUTION OF MARRIAGE 3.0.0: INTRODUCTION 3.1.0: BARS TO A PETITION FOR DISSOLUTION OF MARRIAGE 220.127.116.11: CONDONATION 18.104.22.168: CONNIVANCE 22.214.171.124: COLLUSION 126.96.36.199: PETITIONER’S ADULTERY 188.8.131.52: PETITIONER’S DESERTION 184.108.40.206: CONDUCT CONDUCING 3.2.0: DISSOLUTION OF STATUTORY MARRIAGE 3.3.0: GROUNDS FOR DISSOLUTION OF STATUTORY MARRIAGE 220.127.116.11: WILFUL AND PERSISTENT REFUSAL TO CONSUMATE MARRIAGE 18.104.22.168: ADULTERY AND INTOLERABILITY 22.214.171.124: DESERTION 3.4.0: DISSOLUTION OF CUSTOMARY MARRIAGE 3.5.0: GROUNDS FOR DISSOLUTION OF CUSTOMARY MARRIAGE 126.96.36.199: GENERAL GROUNDS 188.8.131.52: STATUTORY GROUNDS 3.6.0:DIFFERENCES BETWEEN DISSOLUTION OF CUSTOMARY MARRIAGE AND STATUTORY MARRIAGE 3.7.0: CONCLUSION
CHAPTER 4 PROBLEMS AND PROSPECTS OF DISSOLUTION OF MARRIAGE 4.0.0: INTRODUCTION 4.1.0: GENERAL PROBLEMS OF DISSOLUTION OF MARRIAGE 184.108.40.206: FINANCIAL PROBLEM 220.127.116.11: PSYCHOLOGICAL PROBLEM 18.104.22.168: LACK OF PROPER MAINTENANCE 22.214.171.124: SETTLEMENT OF PROPERTY 126.96.36.199: CUSTODY OF CHILDREN 4.3.0: CONCLUSION CHAPTER 5 CONCLUSION AND RECOMMENDATION 5.0.0: CONCLUSION 5.1.0: RECOMMENDATION