In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say the act means the matrimonial causes. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Disallowance of costs of improper vexatious or unnecessary matter in documents or proceedings. But this limitation to statutory marriage only entails shortcomings in respect of the other marriage systems that are also found in nigeria. Legal framework for settling marital disputes through. Please download the pdf version from the link immediately above this text. The matrimonial causes act enacted in 1970 now cap. Courts can rule anywhere in the country that women have a share of family.
The study is an appraisal of matrimonial disintegration, issues and prospect. Appointment of public trustee to be guardian of persons of unsound mind. By the provisions of section 7012 of the matrimonial causes act of nigeria two groups can be deciphered as entitled to maintenance namely. However, they do not apply to couples still within 2. The current law on matrimonial causes in nigeria is the matrimonial causes act of 1970. 8 july 1965 being the date of commencement of the preindependence matrimonial causes act 1963. Being an act relating to divorce and causes, and, in relation to such matters, parental rights and the custody. Some people have called for the imposition of economic sanctions on nigeria. Read all about the laws of nigeria matrimonial causes act an act to amend the law relating to marriage, judicial separation and nullity of marriages. The matrimonial causes act 1857 was an act of the parliament of the united kingdom.
The act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to. Institution of matrimonial cause proceedings only under this act. However the matrimonial causes act applicable in nigeria is silent on a no fault based dissolution. Matrimonial causes 3 acts the matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989.
Prior to this enactment, the nigeria courts is bound to apply the pre1900 enactment. This article reflects on the property settlement provisions under section 72 of the nigerian matrimonial causes act no. Modern nigeria family law with marriage act and matrimonial causes act by e. The same sex act criminalizes any marriage or civil union between homosexuals. An act to consolidate and amend the law relating to matrimonial causes act no. Read all about the laws of nigeria matrimonial causes act an act to amend the law relating to marriage, judicial separation and nullity of. Nigeria enacted the matrimonial causes act in 1970 to regulate the dissolution of statutory marriage. By virtue of section 15 and 16 of the act, facts that constitute irretrievable breakdown are enshrined and these facts are all fault based.
Statutory marriage, as opposed to customary marriage and islamic marriage can only be dissolved on the ground that the marriage has broken down irretrievably. The matrimonial causes act chapter 220, section 1516 laws of the federation of nigeria of 1990 governs this acts. For an explanation of the four types of marriage named. It provides that is any matrimonial proceeding, the court can require both or either of the parties to settle of the property owned by both of either by either possession or reversion which. Pdf the provisions of section 70 of the matrimonial causes act gives the court powers to make. Marriage act an act to make provisions for the celebration of marriages. Apple is good means to find documents having the exact phrase apple is good. Matrimonial causes act is the decision of a child on who should have custody absolute in nigeria. In dissenting from the majority decision of the court of appeal per tobi and ubaezonu, jj. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. See section 82 1 matrimonial causes act 1970 laws of the federation of. It principally regulates marriages celebrated under or in accordance with the marriage act in nigeria.
Matrimonial causes act, 2007 zambia legal information. Matrimonial causes 5 issue 1 chapter 152 matrimonial causes act date of commencement. Matrimonial causes act 2004 an act to make provisions for matrimonial causes. Odike, 2003, renaissance publishers in association with ferdinand oparanozie edition, in english. In exercise of the powers conferred upon me by sections 93 and 112 of the matrimonial causes act 1970 and of all other powers enabling me in that behalf, i, atanda fatayiwilliams, chief justice of nigeria, after consultation with the president of the federal court of appeal and the chief judges of the states in nigeria hereby make the. M7 laws of the federation 2004 mainly governs marriages, marital breakdown and the. This is informed by the importance of marriage and family in the society, as the natural and fundamental group unit of society. Institution of matrimonial cause proceedings only under this act 1 after the commencement of this act, a matrimonial cause shall not be instituted. The matrimonial causes act created a window into the chance for a life of quality as against being trapped in a mental andor physical hell of an. Section 3 1 e of the matrimonial causes act makes a marriage void where either of the parties is not of marriageable age but nowhere in the statute is the term marriageable agedefined.
The marriage act is silent in relation to the consent of parties themselves but the matrimonial causes act mca, 1970 provides for the real consent of the parties, that is, consent obtained without duress or fraud. Customary law gender and land rights database food and. Petition for dissolution of marriage where there is presumption of death of a spouse. Appointment of friend as guardian of person of unsound mind. Observed that one major problem with the marriage act in nigeria. According to this act, both the man and the woman have the legal right to seek divorce, if the marriage has broken down irretrievably nigeria 1970, part ii 15 2. No dissolution where petition for nullity before court. Marriages validation act 1990 an act to validate certain marriages celebrated in the western, eastern and northern states of nigeria between 1st january 1954 and the commencement of this act, which were considered to be of doubtful validity. Attorneygeneral may act as guardian of person of unsound mind. Matrimonial causes act an act to make provisions for matrimonial causes. A critique of the nigerian law of divorce under the matrimonial. These rules may be cited as the matrimonial causes rules. The same sex marriage prohibition act hereinafter referred to as same sex act has generated pungent controversy within nigeria and between nigeria and the west. The law is trite as regards divorce proceedings that a petitioner must prove one of the facts contained in section 152 a h of the matrimonial causes act before heshe can succeed and where the petitioner fails to prove that, the petition for the dissolution of the marriage will be dismissed notwithstanding the fact that the divorce is desired by both parties.
During proceedings on child custody, some people believe that it is the child who decides whether the mother should be in custody or the father. Under the nigerian law maintenance pending matrimonial proceeding does not last forever as. Matrimonial causes and matters the below amendments have been made to this instrument which can be viewed by clicking on the links. Whether consent judgement is applicable in matrimonial. Short title this act may be cited as the marriage act. Rules of the superior courts lugano convention, maintenance and service 20 i. Institution of matrimonial cause proceedings only under this act 1 after the commencement of this act, a matrimonial cause shall not be instituted otherwise than under this act. Marriage act 4 years ago admin laws and acts governing the system. Polygamous marriage a polygamous marriage may be defined as a voluntary union for life of one man with one or several wives. The legal framework for settlement of property is the section 72 of the matrimonial causes act. Settlement of property in divorce proceeding in nigeria. Matrimonial causes act of 1970, chapter 220 laws of the federation of nigeria. F1an act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and british nationality, with amendments to give effect.
Although the married womens property act of 1882 gives women married under statutory law the right to acquire, hold or dispose of property and the matrimonial causes act provides that they have a share of family property in the event of divorce on equity grounds, women are unable to enforce property rights in a court of law because of ignorance of such rights, lack of financial security and. If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. All customary courts in nigeria are vested with unlimited involve anyone married under customary law or with respect to any such matters arising from or in connection. Important facts about marriage and divorce in nigeria. Matrimonial causes act governs divorce center for reproductive rights 2003, 83. Nigeria, matrimonial causes arising therefore are recognized and given effect in the courts. The married women property act, 1882 is no longer applicable to matrimonial causes kenya commentary on act the act which takes into account nonmonetary contribution to the acquisition of matrimonial property renders the five bench court of appeal decision in court of appeal decision in echaria v echaria, bad law. An analysis of the matrimonial causes act mca, as a good. Grounds for pronouncing decrees of nullity of marriage. Matrimonial property amendment act 91 of 1986 intestate succession act 81 of 1987 marriage and matrimonial property law amendment act 3 of 1988.
In the absence of a statutory definition recourse may be made to the common law. Interim child custody order under matrimonial causes act. Marriage under the act marriage registration portal. The spouse petitioning for a divorce must satisfy the court that the marriage has. Divorce under the statutory law in nigeria is basically governed by the provisions of the matrimonial causes act cap 220 lfn 1990.
106 1526 1391 1190 414 196 1256 1501 1584 866 65 27 742 1423 1052 519 609 1348 1156 239 920 785 489 786 295 1529 225 1041 917 914 1190 1379 99 508 374 72 421 1345 532 329