AN APPRAISAL OF THE DISSOLUTION OF MARRIAGE UNDER THE NIGERIA LAW

ABSRTACT Dissolution of marriage is the formal, legal ending of a marriage by a court. A dissolution of marriage completely ends the legal relationship between spouses and ends the marriage. Dissolution of marriage seems to be on the increase these days. It is important for individuals to take the time to get to know each other and make sure they are compatible before getting married. Additionally, in statutory marriage there are specific legal requirements that need to be met before filing for dissolution of marriage, such as seeking leave of court if it's within two years of marriage same as . The subject matter of this study is to examine the nature and the concept of dissolution of marriage and the likely problems that tend to follow dissolution of marriage. However, the study will further discuss the various types of marriage, essential requirement for a valid statutory marriage, customary law marriage and Islamic marriage. In carrying out this study, emphasis will be laid on the various grounds for dissolving statutory marriage under the Matrimonial Causes Act 2004 and the Marriage Act 2004, customary marriage under the customary law and Islamic marriage under Islamic law. Also, the differences between dissolution of statutory marriage, customary law marriage and Islamic marriage. The study proffers recommendations inter alia that practices like child marriage, succession, illegitimacy amongst others which are repugnant to natural justice, equity and good conscience be abrogated under customary and Islamic law and Section 72 of the Matrimonial Causes Act should be amended like Section 72 of the MCA should be amended in order to maintain the sanctity of marriage and prevent people from using divorce as an opportunity to get rich.