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Divorce In Nigeria| All You Need To Know In 2019

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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.

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Health

Managing Cold Naturally

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We are at the peak of the rainy season again with its accompanying ailments such as cold, catarrh, cough and fever.
As usual, many people will be battling with how to curb the challenge now worsened with the spread of Covid 19. In short, most of the symptoms of coronavirus like sneezing and coughing can be confusing and instil fear into some people this period.
The challenge is compounded by lifestyle especially for those who are used to sleeping in air-conditioned rooms and fans. These can compound our cold symptoms.
Other sources of cold in most homes and offices include tiles and poor aeration. The tiles are usually cold and exposure to them can increase cold in the body. Therefore one is advised to put on foot wears or socks since our foot contact cold.
Poorly aerated homes can cause ailment. The body needs fresh air to function properly.  As the body becomes oxygenated it is able to withstand diseases. Poorly aerated homes can lead to fungus related like catarrh, headaches and fever.
There are also some home remedies that would help you tackle common cold and cough this season. Besides treating common cold and cough effectively, these home remedies are also free from any side-effects. Below are some time tested remedies that will help you treat common cold and cough this season.
Ginger tea:
Ginger tea not only tastes good but also helps in treating common cold and cough. The tea helps in drying running and dripping nose, thus expelling phlegm from the respiratory tract. Among various health benefits of ginger, it is known to soothe common cold and speeds up the recovery process.
Mixture of lemon, cinnamon and honey:
Another effective home remedy for common cold and cough is a mixture of lemon, cinnamon and honey. This syrup effectively cures cold and cough.
How to make the syrup: In half spoon of honey, add a few drop of lemon and a pinch of cinnamon. Have this syrup twice a day to cure common cold and cough.
Drink luke-warm water often:
Drink luke-warm water frequently as it helps in fighting against common cold, cough and sore throat. Warm water reduces inflammation in the throat and helps in replenishing the fluids and infection out of the body.
Milk and turmeric:
An essential ingredient found in almost all Indian kitchens, turmeric has a strong antioxidant which helps in treating many health problems. Turmeric mixed in warm milk is a popular and effective way to fight against cold and cough. Drinking a glass of warm turmeric milk before sleeping helps in faster recovery from cold and cough.
Gargle with salt-water:
This is an age-old therapy that effectively treats cough and cold. Adding turmeric in this salt-water is also beneficial. Honey and brandy.
Brandy is known to keep your chest warm as it increases body’s temperature and mixing honey in brandy helps in fighting a cough. Just a teaspoon of brandy mixed with few drops of honey improves cough and common cold. spiced tea. cloves, ginger and black pepper: While peparing your tea and this spiced tea is great for your health. These three ingredients play an important role in fighting a common cold and cough.
Honey, lime juice and warm water:
This is a perfect dose to improve digestion and for the circulation system. Adding honey to luke-lime water is the best solution in controlling common cold and cough.
Flaxseeds for cold and cough:
Flaxseeds are another effective remedy to cure common cold and cough. You can boil flaxseeds until it thickens and strain it. Add a few drops of lime juice and honey to it and consume the mixture for cold and cough relief. Ginger and salt cut ginger into small pieces and add salt to it. Chew these ginger pieces to fight cold, cough and a sore throat.
Sauté garlic:
Sauté a few garlic cloves in milk and consume this when warm. This can be a bitter concoction but has a great soothing impact for common cold and cough. Jaggery solution boil water with black pepper, cumin and jaggery to it. Consume this solution when warm and it will give you relief from chest congestion.
Carrot juice:
This uncommon home remedy is great to fight common cold and cough. It may sound strange but this interesting drink helps in relieving common cold and cough.

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Health

The Best Ways to Lose More Body Weight

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More people have become more aware of their overall wellbeing. This mainly indicates that they have good health. Today’s lifestyle, where we tend not to exercise because of being busy at work or taking care of our families, has made many people gain weight. The fitness industry is currently worth a lot of money because of the large number of people who are willing to exercise in gyms and at home. Gaining weight can be easy, but losing it may be challenging for many people. Here are some of the exercises and ways you can lose weight.

Walking

Walking is a normal activity that all of us do every day. What many people may not know is that walking is effective in weight loss. Most workouts that many people are told to do tend to be strenuous and require a lot of energy, but this is not the case for walking. Walking for about thirty minutes a day can help you lose a significant amount of excess body fat. Those who cannot run because of various reasons should consider walking instead. Motivation is essential in helping you walk for long distances or more briskly. You should consider forming or joining walking groups to get the much-needed motivation.

Running

Running is considered one of the best ways to lose weight fast. In a way, running works like walking but has better results. When running, your body uses a lot of energy, burning more calories in the process. If you are new to running, you should consider running a shorter distance and then gradually increase as your body progresses. You need to be careful since it is easy to get injuries or joint pains when running, especially on rough terrain.

Weight Training

Those that wish to lose weight tend to only focus on cardio exercises. Though cardio is essential, you should consider weight training. Weight training is effective in body weight loss. Consider incorporating weightlifting into your routine. Unlike most cardio exercises, you can burn more calories after the workout, and this is because weight training raises your resting metabolic rate. It is crucial when weight training to start with a weight that you are comfortable with, and once your body is more capable, you can gradually increase the weights. You should not be afraid of heavy weights because the more you lift, the stronger you become and the more muscles you build. Using products from 120kgs when weight training will bring you more results.

Cycling

Just like running, cycling is also essential if you wish to lose weight. Cycling can be done by anyone regardless of their ages or fitness level. Through this form of cardio, you can not only lose weight but also improve your heart health. Nowadays, you can cycle at a gym or from the comfort of your home by using stationary bikes.

Conclusion

Watching what you eat is also essential for weight loss. Make sure that you spend a significant time of your day exercising for you to achieve your body goals faster.

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HIV Prevention: Group Wants FG To Include PrEP In NHIS

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The New HIV Vaccine and Microbicides Advocacy Society (NHVMAS) yesterday urged the Federal Government to include oral Pre-exposure prophylaxis (PrEP), a HIV prevention drug, in the National Health Insurance Scheme (NHIS).
Mrs Florita Durueke, Executive Director, NHVMAS, made the call during a weekly online training for journalists on HIV prevention research.
Durueke said that including PrEP in the services of NHIS would reduce the cost and promote easy access to the drug to prevent HIV infection.
She described oral PrEP as a pill taken by an uninfected or HIV negative patient daily to prevent infection.
According to her, the drug offers protection or reduces the risk of HIV infection by 96 per cent when used consistently and correctly.
According to her, PrEP works for high risk persons such as people with multiple sexual partners, female sex workers, men who have sex with men, partners of infected patients and sexually active adolescents.
“Nigeria is still struggling with PrEP access for those at substantial risk of HIV infections.
“The main challenge with PrEP is that it is expensive; one month supply of PrEP costs about N500,000 or more.
“African countries such South Africa, Kenya, Uganda, Zimbabwe and Tanzania have thousands of persons taking PrEP because they have PrEP Access Programmes in place.
“However, in Nigeria where about 1.9 million people are living with HIV, only an estimated 400 to 600 people at high risk of infection are currently taking PrEP, “ she said.
Durueke said that the situation placed Nigeria at the bottom of African countries that recommended PrEP in national guidelines.
“It is contributing to the burden of HIV in the country,” she said.
Durueke urged the Federal Government to consider public financing or partnership with local and foreign donors for PrEP access.
She urged that the cost should be subsidised for those at a very high risk of HIV infection.
“If we can also push it into NHIS, the cost burden will not be much on patients.
“This will increase community demand for PrEP from people at risk of infection,” she said.
Also speaking, Mr Oluwatosin Alaka, Programme Coordinator at NHVMAS, said the national roadmap on PrEP access in Nigeria was still at the draft stage as at May 2019.
“Nigeria needs to move fast to get PrEP access and roll it out to target population, so that we are not left out in the fight against HIV prevention response,” he said.
The News Agency of Nigeria (NAN) reports that in 2014, the World Health Organisation (WHO) first recommended offering PrEP to only men who have sex with men.
However, based on further evidence of the effectiveness and acceptability of PrEP, in September 2015, WHO recommended that people at substantial risk of HIV infection should be offered PrEP as an additional prevention choice, as part of comprehensive prevention.

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