Ever thought of the right time to fix an end to that toxic marriage and on what grounds? Worry no more:
Marriage is undoubtedly one in all the sweetest feelings one would ever experience; it brings joy and good tidings, it creates an unbreakable bond that seems indispensable; in fact, marriage marks the beginning of a family.
It is, therefore, safe to mention that marriage could be a life-long commitment that widens your horizons and also, the purpose of existence on earth. It makes you selfless bearing in mind the fact that you will not only take care of yourself but your spouse and children of the marriage including relations as the case may be.
This is the kind of fulfilment that comes with being married but sometimes, these feelings change and make room for animosity, acrimony, violence. You can name more. Hence the rationale for this piece of information about knowing the right time to call it over and also the grounds for such decisions under our Nigerian law.
GROUNDS FOR DIVORCE UNDER THE NIGERIAN LAW
Divorce isn’t always a juicy subject matter the majority see divorce as an abomination and misfortune. The law is that for a marriage to be dissolved, the foremost important thing to consider is that the marriage must be at least two years old, otherwise, if you opt to get a divorce, you will have to bear the route of ‘annulment’ however, if it’s over two years, then a divorce can be obtained. Technically;
There is just one ground for divorce, which is that the marriage has broken down irretrievably, only then will the court give such a marriage a decent burial, this is because the court is also interested in first sustaining a marriage; when all effort to achieve that aim fails then the court would dissolve the marriage to prevent the parties from the hardship that the failed marriage may occasion on them. However, to establish that a marriage has broken down irretrievably, you must satisfy the court with one of the following condition:
- That your spouse has willfully and persistently refused to consummate the marriage, this is when one party has constantly refused to have sexual intercourse with the other party in the marriage.
- That your spouse has committed adultery and it is intolerably to live with him/her
- That your spouse has deserted you for a continuous period of at least one year immediately preceding your divorce case- desertion in this respect is solely when the other party has abandoned the marriage
- That your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her; such acts that may warrant this would include acts of rape, habitual drunkenness/intoxication, refusal to pay maintenance, frequent criminal convictions.
- That you have lived apart for a continuous period of at least three years immediately preceding your divorce case.
- That your spouse has for a period not less than one year, failed to comply with a decree or restitution of conjugal rights made by the court, this is when one party has previously gone to court to seek an order for the other party to agree to the party’s request for his or her matrimonial rights.
- That you have both lived apart for a continuous period of at least two years and you both want a divorce; this is because the agreement of both parties is essential.
- That your spouse has been absent long enough to legally presumed dead. When someone goes missing for as long as 7years he /she can be presumed dead under the law.
Generally, when persons divorce each other, they create a vacuum between them and the children of the marriage, there is usually a decline in the relationship between parent and children. Hence, the stress of divorce tends to weaken and even damage the parent-child relationship for divorced mothers
Whilst parties can decide to give their marriage a decent burial or terminate their marriage just like any other form of contract, it is imperative to put into consideration the negative effect their separation would create on the children of the marriage.