under the common law jurisdiction).Getting a divorce is not as easy as getting married.The sole ground a court will grant divorce is that the marriage has broken down irretrievably.divorce procedure can be lengthy, hectic and traumatising for children.It will be a lot easier where parties are certain they do not want to be together and talk things out with their children before launching such procedures.
Once you have decided to get a divorce, you will need to hire either a family lawyer or lawyer to accompany you through this process.Your lawyer is to file a petition for divorce before the High Court or customary court in which;
It will state the grounds or reasons for divorce.
State the number of issue from the marriage and their ages.
The petition must state the regime of marriage whether monogamous or polygamous attaching the relevant certificate.
The petition must equally state the properties they acquired together.
And any other facts proving that the marriage has broken down irretrievably.
The court shall then study the documents and in its discretion grant an order nisi, this will be made absolute in Six (6) months.
N.B;The respondent can apply by motion on notice that the order nisi shouldn’t be made absolute or object to the decree of dissolution.
Note that, once the order nisi is made absolute, the marriage comes to an end.
Let’s look at the grounds for divorce as stated in the Matrimonial Act of 1973,
Grounds for Divorce
1. That the respondent has willfully and persistently refused to consummate the marriage.
2. That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
3. That the respondent has deserted the petitioner for a continuous period of one year.
4. That since the Marriage the respondent has behaved in such a way that the petitioner can’t reasonably be expected to live with the respondent.
5. That the parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.
6. That the respondent has for a period not less than 1year failed to comply with the decree of restitution of conjugal rights.
7. That the Respondent has been absent for a long time as to be presumed dead.
Couples should think meditatively before making the decision to be divorced, cause divorce can be devastating for the children and even extended family members, loss of identity, custody battles are hell and children will be hurt in the course and more.
However, where a spouse life is threatened, violated, deserted and marriage has broken down irretrievably as discussed above.The broken spouse shouldn’t hesitate to file for a divorce or go to the nearest social affair office for assistance,unfortunately in certain cases a divorce is the way out because your family will prefer you alive than dead.
If you have taken the decision to file a petition for a divorce do well to meet a family lawyer or lawyer for counseling and follow up.
For any more inquiry please do not hesitate to contact us, our family law lawyers will be available to assist you. By Barrister Fru Shella
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