Divorce In Nigeria| All You Need To Know In 2019
Divorce in Nigeria
In Nigeria, getting a divorce is seen as a taboo and most people find it exceedingly uncommon. This is because of the highly respected norms and traditions of the people which forbid the practices of divorcing a married couple. Nigerians are very religious people and they do not believe that getting a divorce can break the sacred vows that were made at an altar.
As stated by , about 1% of Nigerian couples admit to being divorced while 0.2% of men and 0.3% of women are legally married. Most wedding ceremonies done in Nigeria are traditional marriages which are not governed by the law. However, there are so many situations that would make a couple undergo divorce in Nigeria. This article will briefly give you all that you need to know about getting a divorce in Nigeria.
What are those grounds for divorce in Nigeria?
Generally, there are four types of marriages practiced in Nigeria. They are the Religious, Customary, Traditional, and Statutory marriages. However, just two of these four marriages are mainly recognized by the law of the country and these are the Customary and Statutory wedding. Getting a divorce in Nigeria depends on the type of marriage conducted. Under the Matrimonial Causes Act which governs the divorce process in Nigeria, there are certain stated grounds that can be used to dissolve a marriage and they include;
- No Consummation Of The Marriage
Before you can divorce your partner, you must make it known to the court that there has been no sexual intercourse between you and your spouse. What this means is that you must prove to the court that your spouse had failed to have sexual intercourse but in a situation where it is proved that sex occurred even once, the marriage will be deemed consummated and therefore, you can not rely on this ground for divorce.
- There Is A Case Of Adultery
You must prove to the court that since your marriage, your spouse had committed adultery and you find him or her intolerable to live with. By this, it means that you must prove to the court that your spouse has not been faithful and you find him or her unbearable to live with such infidelity.
- Presence Of An Unreasonable Conduct
Before you can rely on this ground, you must satisfy the court by showing proof that your spouse had acted in such a way that you cannot reasonably be expected to live with him or her again. What this really means is that you must prove to the court that there has been a presence of unreasonable conduct such as rape, habitual drinking, murder, brutality, made an attempt to murder spouse, inability to take care of the spouse, had the intention to or actually abused the spouse by inflicting serious bodily injuries.
- Abandonment Of Spouse For a Long Period Of Time
On this ground, you must prove to the court that your spouse had deserted you for at least, a period of one year prior to the filing of the divorce petition. By desertion, this means that your spouse must have abandoned you for a long period of time without any justification.
- Both Parties lived Separately
What this means is that you and your spouse have been living apart for a continuous period of at least 2 years or even 3 years preceding the presentation of the divorce petition and there is no objection by the person you want to divorce. Before you can rely on this ground, you must prove to the court that you and your spouse have not been staying together for a period of 2-3 years.
- Failure of Either of The Party To Comply With Court Order
You must prove to the court that your spouse had failed to comply with a court order regarding the marriage or a decree of restitution of conjugal right made under the Marriage Causes Act.
- Absence Of The Other Party
On this ground, before filing for divorce, you must prove to the court that your spouse has been absent or you have no idea of where he or she could be. In such circumstances, you will have to provide reasonable grounds that your spouse is dead or in cases of disappearance.
However, it is stated by the law that a marriage under 2 years cannot be dissolved; this is called the two-year rule. In most exceptional cases, a marriage under 2 years can be dissolved if the petitioner can prove to the court that there has been an exceptional hardship or that the case is one that involves exceptional depravity.
How To File For Divorce In Nigeria?
Filing for divorce in Nigeria isn’t that easy. There are so many steps to follow and it would be better for you to fully understand how to apply for divorce in Nigeria before filing for a divorce petition. However, if you are planning to file for a divorce, there are so many necessary things for you to consider and the very first thing for you to do is to consult a lawyer. After that, you can learn those basic grounds for divorce in Nigeria which we have already looked at. In this section, we are going to focus more on the process of getting a divorce.
– The Divorce Process
a) A Petition –
The first thing to do is filing a divorce petition which is written by either of the spouses. The petitioner will institute divorce proceedings by filing a petition and the content of the Divorce Petition should include the following:
- Identification of the spouses by name and address
- Date and place of the marriage
- An acknowledgement that you or your spouse had lived in a state or community for a specific period of time prior to the filling of for a divorce.
- Grounds for divorce
- A declaration or request as to how the petitioner would like to settle finances, sharing property, child custody, visitation and other issues relating to the divorce.
- Which spouse will psychically take custody of the child
- Child visitation schedule for the non-custodial spouse
- Payment of child support
- Payment of spousal support
- Which child will live in the couple’s house or primary residence?
- Payment of bills or other financial needs
b) Serving the divorce petition –
The divorce documents must be served on the other spouse. Once you have filed the divorce petition in the court, your petition will be given a file number in the court system and then the contents of your petition will be delivered to your spouse. A specific number of days will be given to your spouse to reply back or respond to your petition. However, in a situation where your spouse refuses to respond or difficult to locate, you can look for professional assistance to help deliver your paperwork.
c) Divorce Petition Response –
Once your spouse has replied to your petition, then the court will hear the case in the open. You can also bring witnesses that will provide evidence in the court but it is very necessary for your spouse to respond to your petition before any judgement is held.
d) The Final Steps Of Divorce –
This is when the judges make the final judgement on the case and once the judges have decided, no further step would be taken. Both spouses will be required to disclose information concerning their assets, liabilities, income and expenses. If you and your spouse agree on the terms and conditions of the divorce then there will be less paperwork to file. Once the judges are satisfied with the divorce, then a Decree Nisi would be granted. A Decree Nisi is a court order that basically dissolves a marriage. However, the Decree Nisi does not just end the marriage quickly but you will have to wait for an extra 3 months and then the Decree Nisi will become a ‘Decree Absolute’. The court also has the power to grant child custody to either of the spouses and can make an order for the payment of maintenance and settlement of any property of the marriage.
Who Gets The Child Custody After Divorce in Nigeria?
We will start with a brief definition of what child custody may be. Child custody can be defined as the protective care or guardianship of a child which is determined by the court when both parents of the child are divorced or separated. The issue of child custody mostly arises in divorce proceedings. However, child custody primarily rests on the best interest of the child. Discussing the issue of child custody can be considered into stages and that is custody of an illegitimate child and custody of a Legitimate child.
At common law, neither of the parents are strictly entitled to an illegitimate child because that child is seen as a FILIUS NULLIUS. The term also means a ‘son of nobody’, therefore this child has few legal rights under the common law and he or she is not entitled to either of the parents. However, in most cases, the mother is granted the child’s custody.
But for the custody of a legitimate child, under the common law, the father is given the absolute right to the custody of his children under maturity. Even when the father dies, the mother still cannot claim custody over the child. So generally, if the child is legitimate then the father will be given the child custody after the divorce. But once the father is dead, the right of child custody is given to the male head of the father’s family although the mother is responsible for the daily care of the child.
What is the cost of getting a divorce in Nigeria?
There are no fixed costs of getting a divorce in Nigeria. The process of getting a divorce could be personal or procedural. As such, it differs from one circumstance to another and from one person to another. However, filing for divorce in Nigeria isn’t quite expensive.
In conclusion, getting a divorce in Nigeria isn’t that easy not forgetting to mention that most people in the Nigerian society wouldn’t even respect your decision on divorcing your spouse. However, getting a divorce depends on the type of marriage conducted.
Natural Remedies For Body Odour
Body odour can be repelling and anti-social but there are several natural remedies that can help to reduce body odour by targeting the bacteria that causes it. Here are some examples:
Apple Cider Vinegar: Apple cider vinegar has antibacterial properties that can help to eliminate the bacteria that cause body odour. It works by creating an acidic environment that is inhospitable to these bacteria. To use, mix equal parts of apple cider vinegar and water, and apply the mixture to your underarms with a cotton ball.
Baking Soda: Baking soda is a natural deodorizer that can help to absorb moisture and eliminate the bacteria that cause body odour. It works by creating an alkaline environment that is inhospitable to these bacteria. To use, mix equal parts of baking soda and water to create a paste, and apply it to your underarms.
Tea Tree Oil: Tea tree oil has antibacterial and antifungal properties that can help to eliminate the bacteria that cause body odour. It works by disrupting the cell membranes of these bacteria, leading to their destruction. To use, dilute a few drops of tea tree oil in water, and apply the mixture to your underarms with a cotton ball.
Lemon Juice: Lemon juice has natural antibacterial properties that can help to eliminate the bacteria that cause body odour. It also has a refreshing scent that can help to mask any unpleasant odours. To use, cut a lemon in half and apply the juice directly to your underarms.
Sage: Sage has natural antimicrobial properties that can help to eliminate the bacteria that cause body odour. It also has astringent properties that can help to reduce sweat production. To use, steep a handful of sage leaves in hot water for 10-15 minutes, and use the resulting tea as a natural deodorant.
In summary, these natural remedies work by either creating an inhospitable environment for the bacteria that cause body odour or by directly targeting and destroying these bacteria. By using these remedies regularly, you can effectively reduce body odour and stay fresh naturally.
Culled from The Guardian online
Common missteps to avoid when seeking compensation for personal injury
Personal injuries can be traumatic experiences that can significantly impact your life. Fortunately, you may be entitled to compensation for your damages in many cases. However, seeking compensation for personal injury can be a complex and confusing process, and there are several missteps that you should avoid to ensure that you receive your due compensation. Here are some common mistakes to avoid when seeking compensation for personal injury.
Failing to Seek Medical Help
One of the most common missteps people make when seeking compensation for personal injury is failing to seek medical help. Even though you do not feel like you have been seriously hurt, getting medical help immediately after an accident is essential. Some injuries may not be immediately apparent, and if you delay seeking medical help, it can be challenging to prove that your injuries were caused by accident.
Moreover, failing to seek medical help can also hurt your chances of receiving compensation for your damages. Insurance companies and courts may view your failure to seek medical help as an indication that your injuries were not severe or were caused by something other than the accident.
Not Hiring an Injury Attorney
Another mistake people make when seeking compensation for personal injury is hiring a personal injury lawyer. While it may be tempting to handle your case independently, personal injury law can be complex, and insurance companies have teams of lawyers working to protect their interests. Reputable personal injury lawyers can provide the legal expertise and support you need to navigate the legal system and ensure you receive your due compensation.
When looking for an injury lawyer, it is essential to choose someone who has experience handling cases similar to yours. You should also look for a responsive, communicative lawyer with a track record of success in obtaining favorable settlements or judgments for their clients.
Waiting Too Long to File a Claim
Another misstep people make when seeking compensation is waiting too long to file a claim. Every state has a statute of limitations: a deadline for filing a claim. If you file your claim before the statute of limitations expires, you may retain your right to seek compensation.
Moreover, waiting too long to file a claim can make gathering the evidence you need to support your case more challenging. Witnesses may need to remember what they saw, and evidence may be lost or destroyed over time.
Failing to Document Your Injuries and Damages
Another common error is failing to record injuries and damages when seeking compensation correctly. To support your claim, you must provide evidence of the extent of your injuries and the damages you have suffered. This evidence may include medical records, bills, receipts, and other documents.
Therefore, it is crucial to keep all your medical records and bills and any other documentation related to your injuries and damages. You should also take pictures of your injuries and any damage to your property, such as your car or bike.
Accepting a Settlement Too Soon
Insurance companies may offer you a settlement soon after an accident, hoping you will accept it without consulting a lawyer or fully understanding the extent of your injuries and damages.
However, accepting a settlement too soon can be a costly mistake. Once you take a payment, you forfeit your right to seek additional compensation, even though your injuries are more severe than you initially thought. Therefore, consulting with a lawyer before accepting any settlement offer is essential.
Seeking compensation for personal injury can be a challenging process, but by avoiding these common missteps, you can ensure that you receive your due compensation. Remember to seek medical help, hire an injury attorney, file your claim before the statute of limitations expires, document your injuries and damages, and consult a lawyer before accepting any settlement offer. By following these tips, you can protect your legal rights and maximize your chances of obtaining a favorable outcome.
WHO Approves New Name For Monkey Pox
The World Health Organisation(WHO) has renamed monkey pox to “mpox”.
This follows series of consultations with global experts as the world health body will begin using a new preferred term “mpox” as a synonym for monkeypox. Both names will be used simultaneously for one year while “monkeypox” is phased out.
When the outbreak of monkeypox grew earlier this year, racist and stigmatising language online, in other settings and in some communities was observed and reported to WHO. In several meetings, public and private, a number of individuals and countries raised concerns and asked WHO to propose a way forward to change the name.
Assigning names to new and, very exceptionally, to existing diseases is the responsibility of WHO under the International Classification of Diseases (ICD) and the WHO Family of International Health Related Classifications through a consultative process which includes WHO Member States.
WHO, in accordance with the ICD update process, held consultations to gather views from a range of experts, as well as countries and the general public, who were invited to submit suggestions for new names. Based on these consultations, and further discussions with WHO’s Director-General Dr Tedros Adhanom Ghebreyesus, WHO
Considerations for the recommendations included rationale, scientific appropriateness, extent of current usage, pronounceability, usability in different languages, absence of geographical or zoological references, and the ease of retrieval of historical scientific information.
Usually, the ICD updating process can take up to several years. In this case, the process was accelerated, though following the standard steps.
Various advisory bodies were heard during the consultation process, including experts from the medical and scientific and classification and statistics advisory committees which constituted of representatives from government authorities of 45 different countries.
The issue of the use of the new name in different languages was extensively discussed. The preferred term mpox can be used in other languages. If additional naming issues arise, these will be addressed via the same mechanism. Translations are usually discussed in formal collaboration with relevant government authorities and the related scientific societies.
WHO will adopt the term mpox in its communications, and encourages others to follow these recommendations, to minimize any ongoing negative impact of the current name and from adoption of the new name.
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