A COMPARATIVE LEGAL ANALYSIS OF DISSOLUTION OF MARRIAGE UNDER CUSTOMARY AND STATUTORY LAWS

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A COMPARATIVE LEGAL ANALYSIS OF DISSOLUTION OF MARRIAGE UNDER CUSTOMARY AND STATUTORY LAWS

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.

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