APPRAISAL OF DIVORCE PROCEEDINGS UNDER THE MATRIMONIAL CAUSES ACT

Student: Nneka Faithwins Iwuh
Supervisor: Mr Charles Okpe
HOD: Prof Ephriam Mgbemena
Department of Law
NATURAL AND APPLIED SCIENCE
Renaissance University, Ojiagu-Agbani, Enugu, Enugu State

Abstract

ABSTRACT Before the Matrimonial Causes Act, marriage was seen as a sacred union between adults who resolved their issues within the union. However, there has been a recent increase in divorce cases in Nigeria since the promulgation of the Matrimonial Causes Act and other laws regulating divorce proceedings in Nigeria, with factors including irretrievable broke down of a statutory marriage, infidelity, biological incompatibility, societal pressure, poverty, and infertility. The rate of divorces cases in Nigeria is on the rise which has really affected matrimonial jurisprudence in Nigeria. This essay explores the process of dissolution of marriage under the Matrimonial Causes Act. Doctrinal research methodology was used in carrying out this research as materials were sourced from both primary and secondary sources. Findings show that childlessness, early marriage, prolonged distance, poor communication, high expectations, financial crisis, infidelity, and lack of intimacy are the major causes of divorce. Divorce can have devastating effects on health and well-being, and children's views are often not taken into account. Recommendations include incorporating the interests of children in divorce proceedings and establishing marriage counseling departments to educate people about statutory marriage. While marriage dissolution is not ideal, it may be the only option in cases of abuse or failed unions.

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