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“There is no place in law for spouses to just “sign divorce papers” and end their marriage, and walk away” — Lawyer, Inibehe Effiong tells Nigerians – –
Nigerian lawyer, Inibehe Effiong, has taken to Fb to coach Nigerians on the method concerned in marriage dissolution.
Inibehe blamed the Nollywood film trade for making folks consider that they solely must signal “divorce papers” for his or her marriage to be dissolved.
In line with him, each divorce should undergo a trial course of and an oral testimony have to be supplied by the aggrieved social gathering earlier than a decide can dissolve a marriage.
He confused that signing divorce papers shouldn’t be a part of the method in any respect, as divorce can’t be granted if each events consent to it.
Learn his full put up beneath,
“Pricey Nigerians,
There is no such thing as a 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 primarily based on public coverage and the necessity to uphold the sanctity of marriage. Nevertheless, ancillary reliefs like custody of kids and settlement of properties may be settled out of courtroom and resolved by consent of events.
A shopper in one of many divorce circumstances in our agency pleaded with me this morning to make the opposite social gathering 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” shouldn’t be one among them. The timeline for figuring out divorce circumstances is predicated on a number of elements.
For instance, if the petition is contested by the respondent, it can elongate the proceedings. The grounds of the petition can be determinative of the velocity of the proceedings. Petitions based on Adultery will doubtless take an extended time than one predicated on Dwelling 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 now not within the marriage and need to go their separate methods, a petition MUST be filed within the Excessive Court docket, 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 circumstances the place each spouses wished divorce however the courtroom refused to dissolve the marriage as a result of there was no ample proof to help the petition.
I’ve mentioned sufficient, I hope this clarification is helpful and can information folks correctly.”
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