An examination of the matrimonial relief of settlement of property under Nigerian law: A need for reform

Abstract

With the increase in the rate of divorce in Nigeria, concerns have been raised regarding the extent, proportion and provisions of the law on how the properties of the marriage shouldbe settled between the parties after divorce including their children in certain circumstances. These concerns have transcended to the unwillingness of some persons to go into statutory marriages for the fear that the spouse of the marriage would be given half and in other cases, the whole of the properties of the marriage. This could also be borne out of stories from foreign jurisdictions’ practice on settlement of properties during the dissolution of the marriage where a spouse, is given half or all the properties. Such a spouse who claims the relief of settlement of properties is likely to be termed a gold-digger by the public, especially by those who are unaware of its existence under Nigerian law. This work highlights the provisions of the law relating to the protection and settlement of matrimonial properties in Nigeria and the practice in selected jurisdictions. This work recommended the need to amend the Matrimonial Causes Act to make more express and elaborate provisions in respect of the Settlement of properties.