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DISSOLUTION OF MARRIAGE: PROBLEMS AND
PROSPECTS
ABSTRACT
The decree
of dissolution of marriage which is defined as the legal separation o f man and
wife effected by the judgement or decree of a court, and either totally
dissolving the marriage relation, or suspending its effect so far as it
concerns the cohabitation of the parties. Dissolution of marriage seems to be
on the increase these days, this is due to the fact that people rushed into
ill-advised marriages and they decided to rush out of these marriages as soon
as they discovered that their marriages are not what they expected. Therefore,
no proceedings for dissolution may be instituted within two years of marriage
without leave of court except where divorce proceedings are based on the facts
of wilful and persistent refusal to consummate, adultery or the commission of
rape, sodomy or bestiality. The subject matter of this research is to examine
the nature and the conditions for dissolution of marriage, the likely problems
that tend to follow and prospects. However, the study will further discuss the
various types of marriage, validity of customary marriage and statutory
marriage, capacity and formalities of marriage. In carrying out this research,
emphasis will be laid on the various grounds for dissolving statutory marriage
under the Matrimonial Causes Decree and the Marriage Act 1970 and customary
marriage under the customary law. Also, the differences between dissolution of
customary marriage and statutory marriage. But, it should be noted that, it is
not the intention of the researcher to see that marriages which are ordained by
God and which were hitherto, build on mutual trust and confidence between the
parties and their families go asunder. But rather, to discourage spouses on
dissolution of their marriages by providing a lasting solution to this, in order
for us to have a better society and also to consider the pathetic effect of
such on the society, children and family.
TABLE OF
CONTENTS
ABSTRACT
TABLE OF
CASES
TABLE OF
STATUTES
LIST OF
ABBREVIATION
CHAPTER 1
GENERATION
INTRODUCTION
1.0.0:
INTRODUCTION
1.1.0:
BACKGROUND TO STUDY
1.2.0:
OBJECTIVES OF STUDY
1.3.0: FOCUS
OF STUDY
1.4.0: SCOPE
OF STUDY
1.5.0:
METHODOLOGY
1.6.0:
LITERATURE REVIEW
1.7.0:
DEFINITION OF TERMS
1.8.0:
CONCLUSION
CHAPTER 2
CONCEPT OF
MARRIAGE
2.0.0:
INTRODUCTION
2.1.0:
DEFINITIONS OF MARRIAGE
2.2.0: TYPES
OF MARRIAGE
2.2.1.0:
MONOGAMOUS MARRIAGE
2.2.2.0:
POLYGAMOUS MARRIAGE
2.3.0:
FORMALITIES FOR MARRIAGE
2.3.1.0:
NOTICE OF MARRIAGE
2.3.2.0:
REGISTRAR’S CERTIFICATE
2.3.3.0:
SPECIAL LICENCE
2.4.0:
CAPACITY TO MARRIAGE
2.4.1.0:
SINGLE STATUS
2.4.2.0:
INFANCY
2.4.3.0: AGE
2.4.4.0:
CONSENT
2.5.0:
GROUNDS ON WHICH MARRIAGE MAY BE VOID
2.5.1.0:
EXISTING LAWFUL MARRIAGE
2.5.2.0:
PROHIBITED DEGREE OF AFFINITY OR
CONSANGUINITY
2.5.3.0:
FORMAL INVALIDITY
2.6.0:
GROUNDS ON WHICH MARRIAGE IS VOIDABLE
2.6.1.0:
INCAPACITY TO CONSUMMATE MARRIAGE
2.6.2.0:UNSOUNDNESS
OF MIND, MENTAL DISORDER AND EPILEPSY
2.6.3.0:
VENERAL DISEASE
2.7.0:
MATRIMONIAL CAUSES JURISDICTION
2.8.0:
CONCLUSION
CHAPTER 3
DISSOLUTION
OF MARRIAGE
3.0.0:
INTRODUCTION
3.1.0: BARS
TO A PETITION FOR DISSOLUTION OF MARRIAGE
3.1.1.0:
CONDONATION
3.1.2.0:
CONNIVANCE
3.1.3.0:
COLLUSION
3.1.4.0:
PETITIONER’S ADULTERY
3.1.5.0:
PETITIONER’S DESERTION
3.1.6.0:
CONDUCT CONDUCING
3.2.0:
DISSOLUTION OF STATUTORY MARRIAGE
3.3.0:
GROUNDS FOR DISSOLUTION OF STATUTORY MARRIAGE
3.3.1.0:
WILFUL AND PERSISTENT REFUSAL TO CONSUMATE MARRIAGE
3.3.2.0:
ADULTERY AND INTOLERABILITY
3.3.3.0:
DESERTION
3.4.0:
DISSOLUTION OF CUSTOMARY MARRIAGE
3.5.0:
GROUNDS FOR DISSOLUTION OF CUSTOMARY MARRIAGE
3.5.1.0:
GENERAL GROUNDS
3.5.2.0:
STATUTORY GROUNDS
3.6.0:DIFFERENCES
BETWEEN DISSOLUTION OF CUSTOMARY MARRIAGE AND STATUTORY MARRIAGE
3.7.0:
CONCLUSION
CHAPTER 4
PROBLEMS AND
PROSPECTS OF DISSOLUTION OF MARRIAGE
4.0.0:
INTRODUCTION
4.1.0:
GENERAL PROBLEMS OF DISSOLUTION OF MARRIAGE
4.1.1.0:
FINANCIAL PROBLEM
4.1.2.0:
PSYCHOLOGICAL PROBLEM
4.1.3.0:
LACK OF PROPER MAINTENANCE
4.1.4.0:
SETTLEMENT OF PROPERTY
4.1.5.0:
CUSTODY OF CHILDREN
4.3.0:
CONCLUSION
CHAPTER 5
CONCLUSION
AND RECOMMENDATION
5.0.0:
CONCLUSION
5.1.0:
RECOMMENDATION
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