Divorce, A Declaration of Death:Divorce is traditionally defined as the legal dissolution or termination of a marriage. In other words, the bringing of a marriage to an end. This definition does not, however, begin to do justice to what really takes place when a marriage is terminated. This traditional definition of marriage is incomplete.

A couple cannot by themselves dissolve their marriage. They require the declaration of a judicial authority, usually the law courts. But before the court can judicially make this declaration, a certain fact or ground must exist. In Nigeria, this ground is that the marriage has “broken down irretrievably”; that is, the marriage cannot be redeemed or the couple cannot be reconciled. In proving that a marriage has broken down irretrievably, one must prove the existence of certain facts. Go here to see the facts.

In this way, we can see marriage from the perspective of a person whose spouse has just died. The fact of one spouse dying legally and automatically brings the marriage to an end. The declaration of the courts is not needed in this circumstance.

Likewise, when a man petitions for divorce, whether he realizes it or not, he is simply asking the court to declare that his marriage to his wife is dead, and, as such, deserves to be dissolved. Divorce, therefore, is not just the termination of a marriage, but also the cause of the termination. Consequently, divorce ought to be redefined as:

the death of a marriage and the declaration by the courts that the marriage is dead and is thus dissolved.

This is a cause and effect definition, which can be summarized in the following simple syllogism:

A fact “A” has occurred in the marriage. – fact/situation As a result, an effect “B” now exists.  – ground/death Therefore, a status “C” must follow. – dissolution/termination

For example a judge in granting a petition for divorce might conclude with the following statement:

The respondent has committed adultery and the petitioner cannot tolerate it. As a result, I find that the marriage is dead (or has broken down irretrievably). Therefore, the marriage is forthwith dissolved.

Articles on this site are meant to provide general knowledge on divorce law in Nigeria and do not, by any means, substitute for proper consultation with legal experts. Need help? Go Here!