INTRODUCTION
For a better understanding and analysis of this topic, it is important that we understand what the word divorce entails; divorce is not defined in the Marriage Act neither is it defined in the Matrimonial Causes Rules. Divorce as this writer would attempt to define in few words is the legal process of terminating a marriage. It is the formal process by which a married couple ends their marital relationship, typically involving the division of assets, determining custody of children, and resolving any other matter related to the marriage.
HISTORICAL DEVELOPMENT
Right from times of history; divorce has not been a paramount in this part of Africa, particularly the Nigerian legal system. It has not been part of God’s plan either for couples to divorce as the bible records that God created them man and woman to live as one right from origin. Anyone who divorces his wife must give her a certificate of divorce.
The current statistics in the rate of divorce cases in Nigeria is becoming worrisome, moreso is the rate of Christian marriages collapsing on the premise that spouses can no longer live with their partners. The advancement in technology seems to play no greater role in assisting persons to find suitable partners. The development of websites to assist couples in meeting and dating, has it really played a significant role in our legal system?
This writer is more concerned about the fact that couples most times fail to seek advice on the proper and right process to dissolve their marriage when it has broken down irretrievably. Counsel is not sought and at best, the society ends up with more of “broken marriages” than divorced persons.
WHAT NEXT?
While this writer is in no way encouraging divorce in the society, this article is a call for the younger generation to learn from the patterns that has been laid down from our predecessor and such as copied from the Western world, which is actually better?
There are celebrations of engagements and marriages almost everyday currently in Nigeria. However, most new marriages are surviving from advice gotten from unreliable sources. Some have told their stories online anonymously, some feel too betrayed to believe that forever with a partner is going to seem like a lifetime with the devil himself.
CONCLUSION
While it is pertinent to seek God truly while waiting for the right person for those still unmarried, you should seek help if you feel your marriage is a sinking ship.
Do not go outside just yet. Speak to your partner in a reasonable manner if they are not yet threatening your life, go to God in prayers about how best to resolve your marriage. Emotions are different and even siblings could never react the same way when treated in a likely manner; what saved the marriage of “A” may not necessarily save yours, so seek God about your peculiar circumstances.
In all you do, also seek counselling from those in validly tested marriages, ask for guidance when you seem lost. Do not by any means badmouth your partner and if having tried everything possible and nothing seems to be working out, you should consult and make an in-depth research before considering dissolution. It should never be your first resort and I hope it also would not be your last.
Chidinma Vera Nwankwo
Nigerian Law School Enugu Campus
Last modified: January 18, 2025
