A Discuss by
Yemi Enitan– a human rights equity lawyer
Yemi Enitan Esq. delves into the complexities of marriage and divorce within the legal landscape of Nigeria, offering practical insights and legal perspectives. He begins by highlighting the prevailing trend among young individuals rushing into marriage without fully comprehending the challenges it entails. Enitan stresses the significance of contemplating whether one can endure the lifelong commitment of marriage, especially considering the potential adversities.
He explained the legal grounds for divorce as outlined in Section 15(2) of the Matrimonial Causes Act, emphasizing that divorce is a recourse for marriages that have irretrievably broken down. Enitan underscores the stringent conditions that must be met, such as habitual drunkenness, intolerable behavior, adultery, or extended separation, before initiating divorce proceedings.
Enitan distinguishes between statutory and traditional marriages, elucidating the procedural disparities in their dissolution. While both forms of marriage are recognized by law, statutory marriages, celebrated in recognized places of worship or at the registry, entail more elaborate and costly legal procedures for divorce compared to traditional marriages.
He sheds light on the strategic maneuvering some petitioners employ, such as filing for divorce in distant jurisdictions to gain tactical advantages. Enitan explains the implications of such actions, including the potential for undefended suits and favorable judgments for the petitioner.
Regarding the advantages and disadvantages of church and court marriages, Enitan contends that they are essentially equivalent, as celebrating a marriage in a recognized church automatically registers the union. He emphasizes that both forms of marriage can be dissolved by a competent court, albeit with varying degrees of procedural complexity and cost.
Enitan’s explained the ease of dissolving traditional marriages compared to statutory marriages underscores the practical considerations involved. He highlights the accessibility and affordability of customary courts for dissolving traditional marriages, contrasting with the higher costs and logistical challenges associated with statutory marriage dissolution.
In conclusion, Yemi Enitan provides a comprehensive analysis of marriage and divorce within the Nigerian legal framework, offering valuable
guidance and insights to individuals navigating these complex legal processes.
Yemi Enitan Esq.
National president of the Masses Enlightenment Against Crime Initiative (MEACI) and an equity Lawyer
