Irretrievable Breakdown Of Marriage

Irretrievable breakdown of marriage is the
situation that exist when either or both spouses are no long or able to live with each other, thereby destroying their husband and wife relationship, with no hope of resumption of spouses duties, that is to say there is no reasonable prospect of reconciliation.
The fact that a marriage has broken down irretrievable is a ground for dissolution of  such marriage .
Section 15 (1) of the matrimonial causes Act states that; A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably.
(2) The court hearing a petition of dissolution of a marriage shall hold the marriage to have broken down irretrievably if, but only if, the petition satisfies the court of one or more of the following facts;
a)  That the respondent has wilfully and persistently refused to consummate the marriage;
b)  That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with respondent;
c) That since the marriage the respondent has behaved in such a way that the petitioner cannot  reasonably be expected to live with the respondent;
d)  That the respondent has deserted the petitioner for a continous   period of at least one year immediately precluding the presentation of the petition;
e)  That the parties to the marriage have lived apart for a continous period of at least two years immediately preceeding the presentation of the petition and the respondent does not object to decree being granted;
f)  That the parties to the marriage have lived apart for a continous period of at least three years immediately preceding the presentation of the petition;
g)  That the other party to the marriage has for a period of not restitution of conjugal rights made under this Act;
h)  That the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead;
Note that by virtue of section 30(1) of the matrimonial causes Act, no proceeding for the dissolution of a marriage may be instituted within two years of the marriage. But there is an exception on the provision, when leave of court is sought as granted on exceptional circumstance like exceptional hardship as depravity on the part of the other party. What are exceptional circumstances? In Akerele V.Akerele (1962) W.N.L.N 328, the respondent (Mr. Akerele) was accused by his wife of inordinate sexual demands when the applicant (Mrs. Akerele) was in very poor health. He was also charged with adultery and infecting his wife with venereal disease. The court held that this was a case which could conveniently qualify as an “exceptional circumstance” leave was granted to the Applicant to file her divorce petition even through, the marriage was under 2 years.
To seek leave of court, the petitioner has to come to court by way of motion exparte with an affidavit setting out the particulars of the exceptional “ hardship and depravity”.
In my opinion divorce proceeding is messy, couples saying they should never say in public. Make it work as God ordained it from the beginning.

Nkechi Bright Ewere