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Exploring Alternative Dispute Resolution in Nigerian Marital Conflicts: Benefits, Challenges, and Recommendations
Divorce and legal separation are two possible outcomes of disagreements around marriage, which is a common occurrence. These conflicts are frequently settled by litigation, however, it has drawbacks like needless court congestion, exorbitant fees, and a combative atmosphere. A framework for resolving these problems is provided by the Matrimonial Causes Act, of 1970, which also establishes legal procedures and directs courts in deciding what is in the best interests of the parties concerned. The promotion of secrecy, cost, and time savings are benefits of litigation. Inadequate training and a lack of enforcement are obstacles. Arbitration, conciliation, mediation, and negotiation are alternatives to going to court. The application of alternatives to litigation in settling family and marital disputes—such as arbitration, conciliation, mediation, and negotiation—is the central focus of this research.
In Nigeria, a spouse who wishes to apply for divorce must do so by submitting a petition to the High Court of the state or Federal Capital Territory where the marriage was formally consummated. The petition must include the grounds for the divorce as well as supporting documentation. In Nigeria, the use of alternative dispute resolution (ADR) techniques including arbitration and mediation is growing in popularity. Customary and Islamic marriage dissolution may include different guidelines than those outlined in the MCA. The Matrimonial Causes Act, of 1970 governs property division agreements made after a prenuptial agreement. It takes into account the length of the marriage, each spouse's contributions, needs, and welfare of any children, as well as the parties' cultural and religious backgrounds. The parties to a divorce may suffer psychologically, emotionally, or physically during the process, and their experiences may be made more difficult by sociocultural and religious perspectives on divorce.
If a petitioner believes their marriage is irretrievably shattered, they must file for divorce under the Matrimonial Causes Act. This can be due to several things, such as a prolonged unwillingness to be married, infidelity, abandonment, behavior, living apart, not following rules, and absence. The Act mandates that, excepting certain circumstances, marital cases be handled in public court. The reasons for a divorce decree are specified in the petition that starts the divorce process. There are typically two phases to a divorce decree: the decree nisi and the decree absolute. Legal separation, sometimes referred to as judicial separation, permits a couple to remain legally married while living apart. The reasons for this separation are the same as those for divorce, and the judge must be satisfied with the evidence. A husband is responsible for covering his wife's required costs if he is mandated to pay maintenance.
In a restitution of conjugal rights lawsuit, the petitioner asks the court to order the respondent to start living with him or her again after the couple's divorce. The High Court has the same jurisdiction as it does in cases involving orders for the restoration of marital rights. Matrimonial laws establish obligations and duties for married couples, such as living together as husband and wife, having a consummated marriage, maintaining sexual fidelity, and defending one another from harm. If the petitioner has requested cohabitation in writing before to the proceedings and the petitioner sincerely wants to live together, the court may grant a judgment of restitution of conjugal rights. Nonetheless, the court is unable to impose cohabitation on the respondent or adduct them against their will. The false claim that one is married to someone they are not truly wedded to is known as "cavitation of marriage." The court has the last say on whether to issue the decree.
Investigating alternative dispute resolution (ADR) methods that respect parties' demands, reduce expenses, and maintain relationships is crucial as litigating a marital disagreement may be time-consuming and expensive. Arbitration, mediation, and collaborative divorce are examples of Alternative Dispute Resolution (ADR) processes. While divorce mediation includes an impartial third party assisting spouses in reaching amicable agreements, collaborative divorce entails negotiating terms of separation without the need for a formal process. Instead of using a public tribunal, divorce arbitration entails settling disputes in private before an arbitrator.
ADR techniques should be incorporated into Nigeria's Marriage Act and Matrimonial Causes Act to reduce hostility and encourage discussion. It is important to consider the effects of divorce on children and to be willing to make concessions. To reduce court dockets and offer quicker dispute resolution solutions for family-related disputes classified as domestic disputes, states should think about establishing a Family Dispute Resolution Clinic (FDRC) in partnership with ADR and Online Dispute Resolution institutions, as well as Multi-Door Court Houses.
- Alternative dispute resolution (ADR) methods such as mediation and arbitration offer cost-effective, private, and less adversarial alternatives to litigation in marital conflicts.
- The Matrimonial Causes Act, 1970, provides a legal framework for divorce and separation but has limitations, including court congestion and high costs.
- Integrating ADR into Nigeria's legal system can reduce hostility, expedite dispute resolution, and better address the psychological and sociocultural impacts of divorce.
