LEX DOMICILII AND ITS CONSEQUENCES IN FAMILY LAW: A COMPARATIVE ANALYSIS OF POSITIONS IN UNITED KINGDOM, SOUTH AFRICA, TRINIDAD AND TOBAGO AND NIGERIA

Abstract

The common law position, that a married woman takes the domicile of her husband on marriage and continues to do so until the marriage is terminated by death or divorce has created a lot of hardship for the married woman in Nigeria. For instance, if she desires to divorce her husband, she is compelled to follow him to the country to which he has acquired domicile. Then the husband has the opportunity of changing his domicile from time to time in order to avoid being divorced by the wife. The husband could claim to have abandoned any domicile he was alleged to have. However, the Matrimonial Causes Act, 1970 in Nigeria has to a certain extent mitigated some of this hardship by creating a special provision for a deserted wife. Notwithstanding, the married woman in Nigeria should be allowed to have the right of choice with regards to her domicile as in other jurisdictions of the world. The article makes a comparative analysis of the concept of lex domicilii in United State of America, South Africa, Trinidad and Tobago and Nigeria; highlights the benefits of the legal framework in those jurisdictions and suggests necessary legal reforms to make the law of domicile better in Nigeria. These reforms include the need for a comprehensive legislation on domicile in Nigeria; the need for a review of the Matrimonial Causes Act as it relates to domicile and the abolition of the revival doctrine of domicile.