Attorneygeneral may act as guardian of person of unsound mind. 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. Short title this act may be cited as the matrimonial causes act. The spouse petitioning for a divorce must satisfy the court that the marriage has. Matrimonial causes act laws of the federation of nigeria.
The african ejournals project has digitized full text of. Types of marriage in nigeria, their process and implications nov 22, 2017 6 comments this article on types of marriages and wedding ceremonies in nigeria will answer some questions that arise when planning a wedding in nigeria as regard what type of ceremonies to have, their implications and whats necessary and whats optional. These rules may be cited as the matrimonial causes supreme court rules. Interim child custody order under matrimonial causes act. This form of marriage is regulated by the provisions of. Although section 1032 of the matrimonial causes act seems to vindicate order 1 rule 91 of the matrimonial causes rules, the intention of both the act and the rules is that proceedings for a decree of dissolution of marriage should be heard in public.
This document contains a summary of major portions of jamaicas matrimonial causes act of 1989 which replaced the divorce act of 1879. Sanders introduction the matrimonial causes act 1 of 1973 cap 29. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. Matrimonial causes and matters the below amendments have been made to this instrument which can be viewed by clicking on the links. Marriage under the act marriage registration portal. High court to have j urisdiction in matrimonial causes 5. Institution of matrimonial cause proceedings only under this act. In nigeria the law of marriage and divorce is characterized by a distinct. Pdf causes of marital conflicts amongst couples in.
Customary law marriage of nigeria there are essential and formal requirements for the celebration of valid customary law marriages. The marriage act of 1914 or the matrimonial causes act 1970 did not prescribe any marriage age. 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. Short title this act may be cited as the matrimonial property. Interim child custody order under matrimonial causes act in. This act may be cited as the matrimonial property act, 20. The customary and statutory law of marriage in nigeria. Nigeria enacted the matrimonial causes act in 1970 to regulate the dissolution. The paper observed the high prevalence of child marriage among the hausafulani communities in northwest nigeria in spite. Interpretation in this act, except where the context otherwise requires children, means in the case of africans including somalis, abyssmians. Appointment of public trustee to be guardian of persons of unsound mind. It principally regulates marriages celebrated under or in accordance with the marriage act in nigeria. An earlier version of this paper was presented at the vi international symposium of the commission on folk law and legal pluralism in ottawa, canada, from august.
Matrimonial causes act cap 51 subsidiary legislation. Grounds for pronouncing decrees of nullity of maniage. 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. Types of marriage in nigeria, their process and implications. Persons wishing to get married pursuant to the act must thereby comply with the legal requirements under the act. It has been argued that the act specified grounds for divorce as seen in the marginal note to section 15 1. An 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 to recommendations of the law commission.
Marriage act an act to make provisions for the celebration of marriages. This is defined as a voluntary union for life of one man with one or several wives. However in 1970, the matrimonial causes act was promulgated to take the place of the english act. Causes of marital conflicts amongst couples in nigeria. Divorce law and practices among christians, including. M7, laws of the federation of nigeria 2004, this includes proceedings for a decree of dissolution of marriage, nullity of marriage and judicial separation. A must know for every woman same validity and legality as a marriage under the statute, as we shall see while considering the effects of such marriages later in this work. The latter act becomes irrelevant i n practice, since. The right honourable lord justice lloyd jones, chairman professor elizabeth cooke david hertzell professor david ormerod qc nicholas paines qc the chief executive of the law commission is elaine lorimer. Botswana matrimonial causes act furtherproposalsfor divorce reform by a. The matrimonial causes act introduced the breakdown principle into. Aug 28, 2015 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 abusive marriage for nigerian women. Certain children to be deemed to be children of the family part ii dissolution of marriage 6. Marriages in nigeria take place under three legal systems center for.
Indigenous marriage institutions and divorce in nigeria 166 obtains in one society, to a large extent influences that in another society 3,4. This means that the national assembly federal law makes the laws governing matrimonial causes. Void marriages and prohibited degrees of consanguinity. Institution of matrimonial causes proceedings only under this act. Matrimonial causes act governs divorce center for reproductive rights 2003, 83. An analysis of the matrimonial causes act mca, as a good. The 1989 act allows divorce after two years of marriage on the sole ground of irretrievable breakdown of marriage, evidenced by the. The administratorgeneral of western nigeria and another, ibadan suit no. This is because section 6 of the code defines unlawful carnal knowledge to exclude sexual relations between husband and wife. Appointment of friend as guardian of person of unsound mind.
Matrimonial causes act chapter m 7 laws of the federation of nigeria 2004 arrangement of sections part i jurisdiction 1. This act shall come into operation on the day on which it receives the royal assent. Matrimonial causes act of 1970, chapter 220 laws of the federation of nigeria. Although the details of such requirements vary from one locality to another, the broad principles are sometimes similar. Marriage of persons within prohibited degrees of affinity. The matrimonial causes act introduced the breakdown principle into the nigerian law of divorce while at the. The matrimonial causes act arrangement of sections preliminar. Important facts about marriage and divorce in nigeria. Divorce in nigerian statutory and customary marriages. Nigeria are the marriage act and matrimonial causes act, as contained in the laws. No dissolution where petition for nullity before court. Observed that one major problem with the marriage act in nigeria. The protectorates of northern and southern nigeria were merged in 1914 and the 1914 act was enacted to cover new nigeria.
In the absence of a statutory definition recourse may be made to the common law of england. The matrimonial causes act is a stock short title used for legislation in the united kingdom relating to marriage law it may refer to. 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 abusive marriage for nigerian women. Supreme court to have jurisdiction in matrimonial causes. Matrimonial causes act arrangement of sections part i jurisdiction section 1. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. The current law on matrimonial causes in nigeria is the matrimonial causes act of 1970. Institution of matrimonial cause proceedings only under this act 1 after the commencement of this act, a matrimonial cause shall not be instituted. Courts can rule anywhere in the country that women have a share of family property in the event of divorce on equity grounds 11. Provisions on delegated powers 1 the rules committee established under the civil procedure act cap 21 shall make rules to regulate any matter of. These rules may be cited as the matrimonial causes rules. The court may exercise the powers vested in it by the provisions of section five of the matrimonial causes act, 1859, notwithstanding that there are no children of the marriage. By the provisions of section 7012 of the matrimonial causes act of nigeria two groups can be deciphered as entitled to maintenance namely.
In this act, the matrimonial causes act means the matrimonial causes act 19592 and includes that act as amended. Offices of registrars every registrar shall have an office at such place as the minister shall direct. Nov 22, 2017 types of marriage in nigeria, their process and implications nov 22, 2017 6 comments this article on types of marriages and wedding ceremonies in nigeria will answer some questions that arise when planning a wedding in nigeria as regard what type of ceremonies to have, their implications and whats necessary and whats optional. Under section 3 1 e of the matrimonial causes act 1970, if either of the parties is not of marriageable age the marriage is null and void. Nigeria has undergone fierce constitutional battles to establish a minimum age for marriage. Short title this act may be cited as the marriage act. 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 act. 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. It was assented to by the then president of botswana the late sir seretse khama, on 2 february 1973 and entered. Rules of the superior courts lugano convention, maintenance and service 20 i. Immigration act stipulates tha t any pe rson below 16 years is a minor, whereas the matri monial causes act puts the age of maturit y at 2 1.
Gender discrimination in the division of property on. Marriage under the act and the grounds for dissolution. Analysis of legal issues involved in the termination of doubledecker marriage under nigeria law 200 and to terminate such a marriage by divorce, petition must only be presented in the high court which has exclusively original jurisdiction to dissolve statutory marriages. An act of parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes part i preliminary 1. For instance, infidelity, infertility, laziness and unhygienic behaviours are some of the major causes of divorce in many societies and women with these attributes are usually returned to their parents. Matrimonial causes act 1973 1973 chapter 18 an 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 to recommendations of the law commission. Polygamous marriage a polygamous marriage may be defined as a voluntary union for life of one man with one or several wives. It has been suggested that recourse should be had to the common law age of marriage. Matrimonial causes act cap 51 subsidiary legislation laws of fiji subsidiary legislation chapter 51. Matrimonial causes act an act to make provisions for matrimonial causes. Marriage is a universal institution which is recognized and respected all over the world. Marriage act 4 years ago admin laws and acts governing the system.
213 904 1303 409 272 393 1233 779 1491 598 343 1061 912 751 868 1652 1148 1371 551 867 94 1402 1053 585 985 160 991 738 18 1516 1539 1332 28 1314 1671 835 633 1193 800 356 1237 901 134 327 145 1497 177 477