Every Divorce Case Must Go Through Trial Processes – Legal Practitioner, Inibehe Effiong Educates Nigerians

Effiong emphasised in his submit that, opposite to what “Nollywood” has depicted through the years, there is no such thing as a authorized foundation for a pair to only file divorce papers and dissolve their marriage.

He emphasised that the dissolution of a marriage have to be tried in a Excessive Courtroom and that a number of parts, together with each events’ oral testimony, have to be accepted by the courtroom earlier than divorce can happen.

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His submit reads

”Expensive Nigerians,

There isn’t any place in regulation for spouses to only “signal divorce papers” and finish their marriage, and stroll away. It’s a authorized fiction popularized by Nollywood.

Each divorce case MUST undergo trial course of. Oral proof have to be given earlier than a marriage is dissolved.

Divorce can’t be granted by consent of events. That is based mostly on public coverage and the necessity to uphold the sanctity of marriage. Nevertheless, ancillary reliefs like custody of kids and settlement of properties could be settled out of courtroom and resolved by consent of events.

A shopper in one of many divorce instances in our agency pleaded with me this morning to make the opposite occasion to the petition to “signal the divorce papers” so as to not waste time. Nollywood is essentially in charge for this concept of a husband and wife signing divorce papers to finish marriage.

Though there are procedural and substantive steps {that a} counsel in a divorce case can take to speed up the listening to and willpower of a divorce petition, “signing of divorce papers” isn’t one among them. The timeline for figuring out divorce instances is predicated on a number of elements.

For instance, if the petition is contested by the respondent, it should elongate the proceedings. The grounds of the petition can also be determinative of the velocity of the proceedings. Petitions based on Adultery will seemingly take an extended time than one predicated on Residing Aside.

I ought to stress that in each petition, the regulation requires the petitioner to particularly state that the petitioner and the respondent haven’t colluded or connived to deliver the petition. An affidavit should accompany the petition to confirm that the content material of the petition is true.

Merely put, even the place the events (husband and wife) are not within the marriage and want to go their separate methods, a petition MUST be filed within the Excessive Courtroom, and oral proof have to be adduced to show the bottom(s) of the petition earlier than dissolution.

No decide in Nigeria will make an Order Nisi dissolving a statutory marriage with out listening to oral testimony. There have been instances the place each spouses needed divorce however the courtroom refused to dissolve the marriage as a result of there was no ample proof to help the petition.

I’ve stated sufficient, I hope this clarification is helpful and can information individuals correctly.”

Supply: PressInformant