1.

1 background of study
The concept of marriage is one that has been well known from the dawn of time, that is from
the time of creation, marriage was first identified as a voluntary union of one man and one
woman, .
According to lord pensance in hyde v hyde he defined marriage as the voluntary union of one
man and one woman to the exclusion of all others. This definition has however been labeled
as inaccurate considering the discovery of hermaphrodites and ********* as well as the
development of same sex marriage in various areas of the world
Marriage under the act is simply refered to as the union of one man and one woman to the
exclusion of all others. The marriage act recognises two types of marriage which are :
1. Statutory marriage
2. Customary marriage

STATUTORY MARRIAGE
This is one conducted in accordance with the set down laws of the marriage Act. Also any
subsequent marriage of either of the parties to a party other than the party with which the
marriage was first contracted is, to the level of it inconsistency void. Such party can be liable
of bigamy.

CUSTOMARY MARRIAGE
This can be said to be way and manner of conducting marriage ceremony which is in
accordance with the customary law of the said community or society. This kind of marriage
ceremony is valid and subsists. Any subsequent marriage of either of the parties with another
party other than the same party involved in the first valid marriage wether under the Act or
custom, is, to the level of its inconsistency, void.

Islamic marriage goes side by side with customary law marriage (expanxiate on it)

VALIDITY OF A MARRIAGE (write on it )

If the the marriage is invalid there would be no need for a dissolution so it is essential to make
sure the marriage itself is valid
 Consent of parents
 Consent of parties
 Marriage must be lawful
 Prohibited degree of consanguinity and affinity

LEGAL EFFECTS OF A MARRIAGE



It must be understood that in a marriage there are certain obligations that are expected of
people who are said to be married, where these obligations are being ignored or dismissed it
could lead to the breakdown of a marriage which could result in the dissolution of such
marriage otherwise known as a “ divorce”.
A divorce can be defined as a legal dissolution of a marriage between couples. It is the
process of completely terminating a marriage between parties.
In a divorce process, there is a court order to dissolve the marriage totally, which is to bring
the marriage to a permanent end. A divorce or dissolution of marriage takes place on the
ground that the marriage has broken down irretrievably under Section 15(1) of the
Matrimonial Causes Act.
When studying the legal effects of divorce and children there is a need to speak on the wide
range of consequences that divorce has on both the adults involved as well as the children
affected by it, consequences affecting the spouses and the children including legal matters
like the division of property, spousal support and child custody arrangement. Additionally
there is a need to also examine the emotional and psychological impact the divorce has on the
parties involved as well as exploring relevant laws and court decisions in relation to this topic
This study will include an examination of the existing laws, statutes deemed necessary such
as the Matrimonial courses act, Marriage act

1.2 STATEMENT OF THE PROBLEM

A decree for dissolution of marriage when granted results in an end of all duties and
responsibilities of the parties to each other
It is apparent from the data currently available that divorce rates are rising these days this
could be due to people rushing into ill-advised marriages and rushing out of them because
they released that marriage is not what they imagined
People chase for a divorce at a slight discomfort without the consideration for a reconciliation
because they lack proper understanding of how a decree for dissolution of marriage impacts
the legal rights, responsibilities and well being of both the parties and the children involved.
There is a need to evaluate the legal framework surrounding divorce and its effects to provide
insight for parties going through the divorce process, legal practitioners, and law makers, in
order to address any potential challenges and develop appropriate solutions to the problems.

1.2 RESEARCH QUESTIONS

 What laws govern the dissolution of marriage in nigeria

 Grounds for a dissolution of msarriage in Nigeria
 Law governing division of properties
 What laws govern the child custody arrangement
 What body enforces the laws governing dissolution of marrisage proceedings

1.3 AIMS AND OBJECTIVES

The general objective of this study is to enlighten the readers on the legal implementations of
a dissolution of staturoty marriage

 To examine the grounds for a dissolution of marriage in accordance to the Matrimonial

courses act
 Examine the laws that govern the dissolution of marriage in Nigeria
 Examine laws govern the child custody arrangement