DISSOLUTION OF MARRIAGE AND THE CHOICE OF LAW: MATTERS ARISING

Abstract

Dissolving marriage takes different forms and procedures.  In Islamic marriage Holy Quran prescribed party to say “talaq”(three times), meaning the union has ended. In customary marriage, we have non judicial means of dissolution whereby either party can just park out of the matrimonial house or return the marriage symbol to the in-law. While judicial dissolution is a situation whereby either party approach customary court within their locality to seek judicial separation.  These procedures are not the same in Statutory Marriage.  Grounds for the divorce as prescribed by matrimonial causes Act 1970,is that before commencing divorce processes either of the party must have breached the ground stated in Section 15(2) of the Matrimonial Causes Act.  The marriage must have broken down irretrievably.  Also, as contained by the Act, marriage to be dissolved must have reached at least two years period otherwise, proceedings shall not be allowed except where the exceptions are pleaded and proved in court. The circumstances upon which dissolution of marriage is based shall be the focus of this study. How it will not affect the right(s) of the party. Properties jointly acquired shall also be discussed.  The paper concludes that while the right of divorce is exercised, it must not bring hardship.