PROCEDURAL AND LEGAL COMPLEXITIES IN MATRIMONIAL PROCEEDINGS BEFORE TRIAL COURTS IN NIGERIA

Abstract

Marriage is the union between individuals from different backgrounds who agree to come together as one entity. Given the fact of the diversity in life, culture, and background, quarrels or misunderstandings are bound to occur. Where left to fester or unattended to, the artificial bonding of these two-into-one individuals may disintegrate and fall apart. Through the doctrinal method of research, this paper revisits the facts in establishing that a statutory marriage has broken down irretrievably; it further discusses some of the complexities involved in dissolving statutory marriages before trial courts in Nigeria. The aim of the paper which is to draw attention to some of the procedural intricacies of matrimonial disputes found out that when marital relationships riddled with crises eventually breakdown, it is further interwoven with several procedural complexities which complicates the otherwise delicate situation of all parties in the divorce mesh. Recommendations to strengthen the institution of marriage and or reduce the bitterness often associated with matrimonial causes like law reform, mandatory pre-marital counseling, and creation of special family court for determination of matrimonial disputes were offered.