DISSOLUTION OF MARRIAGE PROBLEMS AND PROSPECTS

Abstract

This study was on dissolution of marriage problems and prospects. Case study of Uzokwe v Uzokwe. Three objectives were raised which included: To ascertain the causes of marriage dissolution, to ascertain the prospect of marriage dissolution and to ascertain the problems of marriage dissolution. A total of 77 responses were received and validated from the enrolled participants where all respondents were drawn from Uzokwe v Uzokwe. Hypothesis was tested using Chi-Square statistical tool (SPSS).

Chapter one

Introduction

1.1Background of the study

The family unit is the bedrock of any society and this is primarily achieved through the institution of marriage. Marriage has been defined as the voluntary union for life of one man and one woman to the exclusion of all others. It is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on, and governed by the social and religious norms of society. As a legal institution, it is provided for, regulated and dissolved by the law. In Nigeria, the incidents, celebration and dissolution of statutory marriage are governed by the Marriage Act 1914 and the Matrimonial Causes Act 1970. The Matrimonial Causes Act provides that except where divorce proceedings are based on facts of willful and persistent refusal to consummate, adultery, or the commission of rape, sodomy or bestiality, no proceedings for divorce may be instituted within two years of a marriage without leave of the court. Thus the courts in Nigeria are hesitant to end a marriage except if any of the above grounds have been proved Child. (2009).

Prior to 1970, the Nigerian law on divorce was based on the matrimonial offence theory. This arose from the fact that the law on matrimonial causes in force in England was made applicable to Nigeria. By this theory, a marriage may only be dissolved when a spouse has committed a matrimonial offence like adultery, cruelty or desertion. This theory was criticized repeatedly by scholars and jurists alike because of its affinity for apportioning blame and guilt as matrimonial offences were simply symptomatic of marital breakdown and not its cause. However the Act introduced the breakdown principle. It provides that anyone of the parties may petition for divorce “upon the ground that the marriage has broken down irretrievably. Thus, the section established a single ground for divorce-irretrievable breakdown, in place of several which existed under the old law. Enang, E. E. (2003).

Despite the onerous nature of divorce petitions in Nigeria, more and more couples are engaging in dissolution processes yearly. In Nigeria, divorce rate have been rising since the beginning of the 20th century, and especially since the 1980s. Some experts contend that the availability of divorce laws has helped weaken the strength of marriage making it difficult for couple to work out the inevitable difficulties that arise in marriage. The law which was initially meant to promote societal growth is now been used legitimately to destroy it. This in turn has invariably raised a number of issues which were unanticipated by the spouses petitioning for divorce. These issues include custody of children, settlement of property, lack of proper maintenance etc. The effect of divorce is particularly heavy on both parties to a divorce petition and their children whom studies have shown bear the brunt for their parents’ desire to divorce. In view of the foregoing, this study aims to examine the deleterious effect of dissolution of statutory marital unions on not just the society but most importantly, the petitioners and their children Okon, E. E. (2011)

STATEMENT OF THE RESEARCH PROBLEM

The ever increasing spate of divorce among newly married couples is frightening. In America, close to 50% of newly married couples divorce before the end of the year. According to the Almanac Book of facts (1977), there were 12,000 cases of divorce reported every year in Nigeria since 1975. The main problem remains as to whether the Matrimonial Causes Act 1970 is adequately equipped to handle the issues proceeding from the dissolution of a statutory marriage.

OBJECTIVE OF THE STUDY

The objectives of the study are;

1. To ascertain the causes of marriage dissolution
2. To ascertain the prospect of marriage dissolution
3. To ascertain the problems of marriage dissolution

Research hypotheses

The following research hypotheses are formulated

H0: there is no prospect of marriage dissolution

H1: there is prospect of marriage dissolution

H0: there are no problems of marriage dissolution

H2: there are problems of marriage dissolution

Significance of the study

The study will be very significant to students and couples. The study will give a clear insight on the dissolution of marriage problems and prospect. The result of the study will entail the causes of marriage dissolution, the problems to the society and the prospect. The study will serve as a reference to other researcher that will embark on the related topic

Scope and limitation of the study

The scope of the study covers dissolution of marriage problems and prospects. The study is limited to some families in Uyo

Limitations/constraints are inevitable in carrying out a research work of this nature. However, in the course of this research, the following constraints were encountered thus:

1. Non-availability of enough resources (finance): A work of this nature is very tasking financially, money had to be spent at various stages of the research such resources which may aid proper carrying out of the study were not adequately available.

Time factor: The time used in carrying out the research work is relatively not enough to bring the best information out of it. However, I hope that the little that is contained in this study will go a long way in solving many greater problems.

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