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NLS - Civil Litigation > Matrimonial Causes > Flashcards

Matrimonial Causes Flashcards

1
Q

How do you initiate marriage under the Marriage Act?

A

Through the giving of a notice of marriage by either party to the Registrar of Marriages.

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2
Q

What is the time period for issuing the Registrar’s Certificate?

A

After 21 days but before 3 months from publication of the notice of marriage

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3
Q

What can you do if you have just cause as to why a marriage should not be celebrated?

A

I can issue a caveat against issuance of the Registrar’s Certificate

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4
Q

Who can remove a caveat?

A

If validly entered a caveat can be removed by the Judge of a HC and the Registrar shall not issue his certificate until then

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5
Q

Do you need consent to marry?

A

Consent is only required for under 21s who had not previously been married and widowed

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6
Q

Who can enter a caveat?

A

Anyone whose consent to marriage is required or any person who knows any reasons why the marriage should not take place

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7
Q

Where can a marriage be celebrated?

A
  1. In a licensed place of worship,
  2. Registrar’s office
  3. Different venue with grant of special license by Minister
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8
Q

What are the requirements for celebrating marriage in a licensed place of worship?

A
  1. It must be by a recognised minister, denomination and body
  2. It must be celebrated with open doors
  3. Must be between 8am and 6pm
  4. There must be at least two witnesses other than the minister
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9
Q

What are the requirements for celebrating marriage in the Registrar’s office?

A
  1. It must be celebrated with open doors
  2. Must be between 10am and 4pm
  3. There must be at least two witnesses other than the Registrar
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10
Q

What are the requirements for celebrating marriage in any place with special license by the Minister?

A

It must still be contracted by recognised minister of some religious denomination or the registrar

Section 13 Marriage Act

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11
Q

When is a marriage invalid?

A

Where either of the parties is already married to another person under customary law

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12
Q

When will a marriage be void?

A

If both parties knowingly celebrate:

  1. In a place other than allowed
  2. Under false names
  3. Without Registrar’s certificate of notice or license issued by Minister
  4. By a person not recognised as a minister of some religious denomination/body or Registrar of Marriages
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13
Q

Who has jurisdiction to hear matrimonial petition?

A 
The High Court as long as the petitioner is domiciled in Nigeria 
Section 2(1) & (2) MCA
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14
Q

What are the different types of domicile?

A

Domicile of Origin
Domicile of Choice
Matrimonial Domicile

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15
Q

What is Domicile of Origin?

A

Derives from person’s place of birth

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16
Q

What is Domicile of Choice?

A

Adopted by people upon attaining maturity where they intend to permanently reside

17
Q

What is Matrimonial Domicile?

A

Domicile of dependence which a married woman assumes upon marrying her husband

18
Q

What does Section 7 Matrimonial Causes Act say?

A

Creates special domicile for deserted wife who was domiciled in Nigeria either immediately before her marriage or desertion
OR
Wife who is resident in Nigeria at the date of instituting proceedings under the act and has been so resident for 3 years immediately preceding that date

19
Q

What are the reliefs available in matrimonial causes?

A

Decree of:

a. Dissolution of marriage
b. Nullity of void marriage
c. Nullity of voidable marriage
d. Judicial separation
e. Restitution of conjugal rights
f. Jactitation of marriage

20
Q

What are the grounds for decree of dissolution of marriage? (i.e. divorce)

A

The ONLY GROUND i s that the marriage has broken down irretrievably.

21
Q

What fact(s) must you prove under the ground for decree of dissolution of marriage?

A

At least one of the following:

  1. Respondent WILFULLY AND PERSISTENTLY refused to consummate the marriage
  2. Respondent has committed adultery since marriage and the petitioner finds it intolerable to live with him/her
  3. Respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
  4. Respondent has deserted petitioner for continuous period of one year immediately preceding the petition
  5. That the parties have lived apart for 2 years continuously preceding the petition and the respondent does not object to the decree
  6. That the parties have lived apart for 3 years continuously
  7. The party has for not less than 1 year failed to comply with decree fo restitution of conjugal rights under MCA
  8. The other party has been absent for so long that he can be presumed to be dead
22
Q

When can petition for dissolution be presented?

A 
Section 30(1) MCA
After 2 years of marriage except with leave of court
23
Q

When will court grant leave to file a petition before 2 years?

A 
Section 30(2) MCA
Where to refuse to grant leave would impose exceptional hardship on the applicant
OR 
That the case is one involving exceptional depravity on the part of the other party to the marriage
24
Q

Section 30(1) MCA

A

Petition can only be brought after 2 years of marriage except if they fall into the exception in sub (2) OR with leave of court.

25
Q

When will a petitioner not need leave of court to file a petition before the expiry of 2 years?

A

Filing petition before 2 years marriage without leave of court:

  1. Respondent WILFULLY AND PERSISTENTLY refused to consummate the marriage
  2. Respondent has committed adultery since marriage and the petitioner finds it intolerable to live with him/her
  3. Respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
  4. Where the institution of proceedings for dissolution of marriage is by way of cross proceedings

Section 30(2) MCA

26
Q

When is a marriage void ab initio?

A
  1. Where either of the parties is lawfully married to someone else
  2. Within prohibited consanguinity range (incestuous)
  3. Failure to comply with the requirement of the law of that place
  4. Consent was not real because it was obtained by duress, fraud, mistaken identity, misunderstanding of the ceremony, mentally incapable of understanding marriage contract
  5. Either party is not of marriageable age
27
Q

When is a marriage voidable?

A

Where:

  1. Either party is incapable of consummating the marriage
  2. Either party is of unsound mind, has mental defect, subject to recurrent attacks of insanity/epilepsy, suffering from venereal disease (STD), wife is pregnant for another man
28
Q

When can you ask for a judicial separation?

A

When you no longer want to co-habit and want to be relieved from conjugal rights.

They are not divorced so cannot legally remarry while the order lasts.

Parties may voluntarily resume cohabitation and later apply to the court to discharge the decree.

Section 45 MCA

29
Q

When can you get a decree of restitution of conjugal rights?

A

If the petitioner satisfies the court that:

  1. s/he desires conjugal rights and is willing to reciprocate
  2. written request for co-habitation expressed in conciliatory language was made to the respondent before instituting proceedings OR there are special circumstances which justify the making of the decree

Section 49 MCA

30
Q

What do you do if your spouse is deserted?

A

Apply to court for a decree of restitution of conjugal rights.

31
Q

What does Section 45 MCA pertain to?

A

Decree of Judicial Separation

32
Q

What does Section 49 MCA pertain to?

A

Decree of restitution of conjugal rights

33
Q

What is a decree of jactitation of marriage?

A

Petitioner wants the court to assert that s/he is not married to the respondent and stop the respondent from asserting that they are married. So court will grant order restraint the respondent from passing themselves off as the spouse of the petitioner.

34
Q

What documents accompany a marriage petition?

A
  1. Verifying affidavit
  2. Notice of petition
  3. Marriage Certificate
  4. Acknowledgement of Service Form II
  5. Certificate relating to reconciliation Form III *
  6. Discretion statement (for adultery) *

*not filed in every instance

35
Q

What can you do if your marriage certificate is missing and you are filing a marriage petition?

A

You can use corroboration from two witnesses or a Certified True Copy

36
Q

What is a Certificate of Reconciliation?

A

It is a certificate filed by the petitioner’s solicitor as proof that he has brought the petitioner’s attention to the provisions of the Matrimonial Causes Act relating to reconciliation between the parties.

37
Q

What is a discretion statement?

A

It is a written confession of adultery filed by a party seeking dissolution of marriage or judicial separation

Usually delivered to the registrar in a sealed envelope

38
Q

What are conditions required before you can add the person who your spouse cheated with to the suit?

A

The facts of the adultery must be specifically pleaded

39
Q

What must Registrar do when he receives a notice of marriage?

A

The Registrar shall enter the notice in the Marriage Notice Book or paste a copy of the notice on the outer door of his office

NLS - Civil Litigation (6 decks)

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