DIVORCE AND SEPARATION UNDER NIGERIAN LAW: A CRITICAL APPRAISAL OF THE LEGAL FRAMEWORK

Abstract

Marriage is a fundamental social and legal institution that occupies a central position in Nigeria. It is recognized as one of the most important and basis societal institution and plays a central role to the stability of the Nigerian society. Within the Nigerian context, marriage occupies a complex and pluralistic legal framework encompassing statutory, customary and religious forms each with distinct legal requirements, formalities and implications. It is protected both as a social institution and as a legal relationship. Nevertheless, not all marriages survive the stress of family life. The breakdown of marriage is an unavoidable social reality, requiring a  legal framework capable of balancing marital stability with individual autonomy, dignity, equality and the welfare of children. Nigerian law therefore provides mechanisms for the divorce and judicial separation. This paper critically examines divorce and separation under Nigerian law from the perspective of legal doctrine, gender justice and human rights. Using the doctrinal research methodology, the paper evaluates the extent to which law promotes equality between spouses taking into consideration the differential consequences of marital breakdown for women, including economic dependency, unpaid domestic labour, unequal access to matrimonial property and the consequences of gender based violence. The paper argues that while Nigerian matrimonial law contains significant safeguarding its statutory and institutional framework is no longer sufficiently responsive to contemporary realities. The paper concludes that Nigerian matrimonial … creates significant challenges for gender justice. Noting that a modern law of divorce should not merely provide a legal exist from marriage but ensure that the process of marital dissolution is fair, accessible and consistent with constitutional and human rights value. It recommends a comprehensive reform of matrimonial legislation; stronger protection against marital violence, explicit recognition of domestic and caregiving contributions, improved financial remedies and greater harmonisation of matrimonial law with Nigeria’s constitutional and international human rights obligations.