Divorce is an act people don’t really contemplate or think about when getting married. Everyone wants to enjoy a happy marriage for the rest of one’s life. But sometimes, people are forced to call it quit with their marriage. In some instances, spouses are able to mend or put their marriage back on track. In other instances, parties have no choice than to divorce.
Under Nigerian law, dissolution of marriage is not granted on a platter of silver. It is permitted as a last resort. Dissolution is supposed to be a NECESSARY EVIL. Necessary evil in the sense that, even though both parties never contemplated divorce from the onset, yet they have no choice than to divorce. And if they fail to divorce, things will become worse than they are at the moment.
Bob Gass, publisher of The Word for Today, a devotional booklet, said: “DIVORCE IS LIKE AMPUTATION; YOU SURVIVE, BUT IT FEELS LIKE THERE IS LESS OF YOU. AND IT IS WORSE IF YOU DIDN’T WANT THE DIVORCE.” A necessary evil you might say.
Going by God’s law, the Bible, marriage is expected to be a life-time affair and as such, the idea of divorce is a last resort, a necessary evil.
The question now is, when does divorce becomes a necessary evil? Under our law (Matrimonial Causes Act), divorce is permitted only WHEN THE MARRIAGE HAS BROKEN DOWN IRRETRIEVABLY. For this reason, our judges are reluctant to grant a decree of Dissolution Absolute. The judges always ensure that all avenues are explored (including alternative dispute resolution mechanism) to reconcile both parties. When they cannot be reconciled, then the necessary evil – the decree of dissolution Absolute – will be granted.
But what constitutes the circumstances in which the court will hold that a marriage has broken down irretrievably? Or what will make the court to come to the conclusion that the marriage has broken down irretrievably?
Well, our law (the Matrimonial causes Act) stipulates several circumstances which the court will look out for before granting the decree of dissolution. Now, these circumstances cannot be covered by this article, however, the important point to note here for now is that a marriage must be seen to have broken down irretrievably before the court can grant a decree of dissolution.
O yes, divorce is a necessary evil. But from the point of view of a legal practitioner, divorce can be averted by REFUSING TO ALLOW YOUR MARRIAGE TO BREAK DOWN IRRETRIEVABLY. One way of doing this is that both spouses should be determined to work hard to ensure they enjoy a happy marriage. Where any or both parties are doing some acts that are causing the marriage to break down irretrievably, keeping the marriage afloat may be difficult because there is a saying among the Igala people that: “It is sticks that you bind together; you don’t bind two persons together.”
Will you prefer to work mutually to enjoy a happy marriage or will you choose the necessary evil?
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