By Dave Ajetomobi
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The petition shall also be accompanied with other processes such as notice of petition, verifying affidavit, certificate relating to reconciliation, acknowledgement of service, original marriage certificate.
The respondent in reaction to the petition files a cross-petition and/or answer to the petition.
The petitioner may in response file a reply to an answer or even the answer to the cross petition as the case may be.
If the matters relating to settlement and custody of children are pleaded in the petition, the court may order a compulsory conference.
Upon the close of pleadings, the parties move to the trial stage, where each party will give an account of his/her the experience of in the marriage.
The following stage is actually adoption of final written address by the parties’ legal practitioner and finally judgment
It is noteworthy that unless the leave of the court is in fact obtained, no petition for dissolution of marriage might be filed within 2 years from the particular date of marriage.
Before the court approves the dissolution, the court is going to consider other issues, such as properties jointly owned by parties; custody; and also the maintenance of the children of the marriage.
Upon dissolution of the marriage by the court, the court then issues a Decree Nisi, which shall become Absolute after three months except:
Where there is a valid appeal against a Decree Nisi, it will not become absolute except at the expiration of a period of twenty-eight days from the day on which the appeal is determined or perhaps discontinued.
Where there are actually children of the marriage under the age of 16 years at the particular date of the Decree Nisi, the Decree shall not become absolute unless the Court is actually satisfied that proper arrangements have been made for the welfare and in appropriate cases, the advancement and training of the children.
Additionally, a Decree Nisi may be rescinded by the Court at any time before the Decree becomes Absolute:
Upon the application of either of the parties to the marriage on the ground that the parties have reconciled
On the application of a party to the proceedings, if the court is actually satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or perhaps some other circumstance.
Where an intervention takes place by the Attorney-General after a Decree Nisi has been made, the Court may rescind the Decree in case it’s proved that the Petitioner has been guilty.
Customary marriage and Islamic Marriage compared to marriage under the Act.
Unlike the statutory marriage that can just be dissolved only at the High Court, the Islamic and customary marriages can only be dissolved at the Customary or Sharia Court.
At the Customary Court, a petition for dissolution of marriage will be filed accompanied with an Affidavit stating that the marriage sought to be dissolved was conducted under native customary law.
After the petition has been filed, the same shall be served on the Respondent before the court is able to proceed to hear the issue.
Apart from dissolving the marriage, the Customary Court also has the power to make an order for custody of children of the marriage and order maintenance and children’s support.
Apart from Islamic marriage, a Christian Marriage conducted in an unlicensed worship centre may also be dissolved in the Customary Court, since same is not qualified as a Statutory Marriage.
The Customary Court proceedings are often governed by the Customary Law of a specific state.
In conclusion, it must be noted that process of divorce in Nigeria is actually longer than that of foreign jurisdictions, especially where the petitioner is resident in a busy city such as Lagos, this has made counsel devise and alternative to the delay by filing petitions in the neighbouring Ogun state where the cause list is not as congested as that of Lagos State.
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