UNDER-UTILISED MATRIMONIAL CAUSES IN NIGERIA YOU SHOULD KNOW!

Many people who approach the family court in Nigeria often go there to get a divorce but Family law in Nigeria is not all about divorce!!!!

There are sooo many matrimonial causes that Nigerians are neither aware of nor taking advantage of. 

Let me explain them as briefly as possible. And by this, I mean you can approach any High Court to enforce these matrimonial rights:

💥1. DIVORCE: This is the most popular matrimonial cause. You're basically telling the court that you no longer want to remain married. 

In Nigeria, there are only 7 reasons for divorce-

✅ Refusal to consummate the marriage (first sex after wedding)

✅ Adultery.

✅ Intolerable behaviour (eg abuse, cruelty, neglect etc).

✅ Desertion (living apart for more than 3 years. Here, divorce is automatically granted).

✅ Living apart for more than 2 (here, consent of the other party is needed for it to be granted).

✅ Failure to restore conjugal rights

✅ Being missing for seven years and you don't know where they are. The law presumed they are dead and you can get a divorce.

If your matter falls within any of these, you can be granted divorce.

💥2. JUDICIAL SEPARATION: Instead of outright divorce, you are asking the court to suspend your marriage for any of the reason above that you can be granted divorce for.

If this is granted, it means the duties you owe to your husband or wife is suspended e.g you two do not need to live together, have sex etc.This allows room for reconciliation later on.

This does not apply to duties you owe to your children. 

💥3. NULLITY OF MARRIAGE: This is different from divorce! Here, you're telling the court to declare your marriage void as if the marriage never happened in the first place! 🙀 

This is only granted where:

✅ Bigamy (where one party is already married under the Act without disclosing it).

✅ One party is underaged.

✅ Husband & wife are related by blood.

✅ Consent to marry was obtained by fraud, duress or deceit.

✅ Non compliance with some essential statutory requirements with regards to marriage.

✅ Getting married in an unlicensed place of worship (your church must be licensed by the law to issue marriage certificate, if not, go to the local government marriage registry and register your marriage).

For instance, Regina Daniels is claiming that Ned married her when she was a minor (17). The proper matrimonial cause she should be seeking is NULLITY OF MARRIAGE not divorce. 

 If proven and granted, it is as if she & Ned were never married in the first place. So this is an ADDED PROTECTION to child brides and those within this category.

In the eyes of the law, you were never married. .

Now you see how this is different from divorce.

💥4. RESTITUTION OF CONJUGAL RIGHTS: If your spouse, without just cause (good reason) has refused to perform their conjugal duties or cohabitation (living together), you can sue them so that the court can mandate them to perform their duties towards you.

Note that the deprivation of the conjugal duties must be without just cause. So if your spouse is sick, or the wife ran away from you because you beat her, there is GOOD REASON and this wouldn't apply. If you agree that the wife stays abroad and the husband remains, this wouldn't apply also (unless maybe they exceed the agreed time).

However, note that the court can only grant this order, your spouse CANNOT BE FORCED to comply. The court cannot force your husband or wife to live with you or have sex with you because they have a fundamental right to decide who to associate with. However, this is a good avenue to facilitate mediation and reconciliation between the parties.

If after a year they fail to restore conjugal duties, you can divorce them.

💥5. JACTITATION OF MARRIAGE: This is when someone lies to people that both of you are married, or after you're legally divorced, he or she keeps claiming that you're still married. You can sue them and ask for compensation. 

However, you must not have encouraged them to do it in time past like where both of you pretend to be married so that you can get visa, loan etc.

Matrimonial Reliefs/ Orders you should know 

These are the 5 MATRIMONIAL CAUSES in Nigeria so it's not only divorce. There are however MATRIMONIAL RELIEFS/ORDERS which includes:

💥1. SETTLEMENT OF PROPERTY: Here you're asking the court to divide all your joint property. 

Nothing like 50/50 division in Nigeria. You must show evidence of how you contributed to the purchase of the property, so think twice before quitting that job or using your salary to buy food while your husband uses his to buy assets 'for the family'.

💥2. CUSTODY: Since both of you are now divorced and no longer live under the same roof, the children must stay with someone. It can be sole or joint custody depending on the court order and what is best for the child. 

💥3. VISITATION: If for instance, the mother has primary custody, the other party will be granted visitation. The child can be with the otter parent during weekends, holidays or other arrangements suitable for the parties and children involved. 

💥4. MAINTENANCE OF CHILDREN: If custody is with the mother, care (financial contributions) will be with the father. It doesn't mean the mother will contribute nothing.

Unmarried women with children (baby mamas) can also ask for maintenance of those children so stop sleeping with baby daddy or begging him to contribute. Sue him for maintenance. 

💥5. MAINTENANCE OF WIFE: As a wife, you have the right to ask for maintenance especially women who were asked by their husbands to quit their job. Even though properties might not be settled in your favour, you can take advantage of maintenance.

Also note that, you don't need to be divorce to ask for custody and maintenance. If he is a deadbeat or neglectful, you can still ask for maintenance without filing for divorce.

💥6. RESTRAINING ORDER: Where your partner is abusive, threatening you for leaving him and your life is in danger, you can file for a restraining order to protect yourself.

Which is why I'm surprised Regina Daniels has not yet filed for a restraining order against Ned.

💥7. MEDIATION: The law encourages parties to explore reconciliation first. However, no one can be forced to reconcile. Consent of both parties is need. Some divorce proceedings have actuated in reconciliation!

💥8. VIRTUAL HEARING: If you're outside the country, in a different State, your life is in danger or for other reasons, it is unsafe or impracticable to be physically present, your lawyer can file for virtual hearing through zoom or other platforms. You don't need to be physically present to be heard.

There is a whole lotttttt more to this. I'm just giving a brief recap so that you will know that these rights exist. YOU CAN'T ENFORCE A RIGHT YOU'RE NOT EVEN AWARE EXISTS so if your matter falls within any of these, CONSULT YOUR LAWYER or NGOs and take appropriate steps. 

Time to stop praying and asking God When, your answers to prayers are already in the law books, all you need do is take steps to enforce them.

Note that all of these apply to men and women alike. And if your partner sues you under any of these, you have a right to respond. 

Your signature is NOT NEEDED before divorce can be finalised. Even if you choose not to be present in court, proceedings will continue in your absence and divorce will be granted if they successfully prove their case.

Now you know. 

- Feel free to like, comment share. Any topic you want us to talk about, kindly comment.

                            - Dogo Joy Njeb Esq.

DOGO JOY NJEB Esq is a practicing lawyer and founder of SheResonance Awareness. She has worked with Legal Aid Council Nigeria and is a member of Federation of Female lawyers on Nigeria where she renders pro bono services to indigent persons. She is a private practitioner, a writer and an aspiring author. For any questions, contact her on Facebook, Instagram, Linkedin, tiktok, x, or send a mail to sheresonance@gmail.com

SheResonance is focused on grassroot activism. We lend our voices to women whose voices are stifled. We break down complex issues of GBV into easily digestible form from a legal perspective. At SheResonance we practices intersectional feminism. If one women is in chains, for her sake the fight should continue. Every story deserves to be heard!l.co