Sunday, June 9, 2024 -A Nigerian lawyer has said that contrary to the public perception, there is nothing like signing divorce papers in matrimonial jurisprudence in Nigeria.
The Nigerian lawyer @egi_nupe__,
stated this while reacting to a recent interview granted by Maureen Ezissi,
ex-wife of actor, Blossom Chukwujekwu, where she stated that they are
technically still married as she is yet to sign their divorce papers.
Reacting via X, the Nigerian lawyer
said the signing of divorce papers is alien to Nigerian laws. Explaining how
divorce in Nigeria works, the lawyer wrote;
‘’Contrary to the public perception about
“signing divorce papers” there’s nothing like that in our matrimonial
jurisprudence. I blame this on nollywood for misleading the public by copying
the American style sheepishly.
Under
the Nigerian law, there are three known types of marriages: statutory marriage,
Islamic marriage and Customary marriage. This, dissolution of marriage is
dependent on the type of marriage you contracted.
1. If it is a statutory marriage,
which is erroneously called “court marriage”, the only way to dissolve the
marriage is through a court order. It is through a process of presenting a
petition for the dissolution of marriage and going through the entire process
of trial and judgment. Upon being satisfied that the marriage has broken down
irretrievably, the Court gives Order Nisi which is for 3months and after which
the Order becomes Absolute and the marriage is completely dissolved. Neither of
this Orders requires the signature of the husband or wife to be effective. It’s
a Court Order signed by the Judge and Registrar that ends the marriage.
2. If it is a customary marriage, the
return of bride price is sufficient to dissolve the marriage. No formality is
required and no document is needed to be signed. Once the pride price is
returned, they cease to be husband and wife. But because of the enactments made
by the states, customary marriages now undergo judicial processes to be
dissolved.
3. Dissolution of Islamic marriages
is similar to customary marriages above. Once the man pronounces Talaq three
times, the marriage ceases to exist and it may also go through judicial process
to be effective.
From the above, none of three types
of marriages requires “signing of divorce papers” by the parties to the
marriage to be effective.''
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