A CRITICAL ANALYSIS OF THE ANCILLIARY RELIEFS UNDER NIGERIAN MARRIAGE LAW
Abstract:
This research paper provides a comprehensive and critical analysis of the ancillary reliefs under Nigerian Marriage Law. Marriage is a fundamental institution in Nigerian society, and the legal framework governing it plays a pivotal role in ensuring the protection of individuals’ rights, particularly in the event of marital breakdown. Ancillary reliefs encompass a wide range of legal remedies available to parties during divorce proceedings or upon the dissolution of marriage. This research seeks to examine the evolution, application, and effectiveness of these ancillary reliefs in addressing the complex issues arising from marital disputes in Nigeria.
The study begins by tracing the historical development of Nigerian Marriage Law, highlighting key legislative changes and landmark judicial decisions that have shaped the landscape of ancillary reliefs. It also delves into the different types of marriages recognized under Nigerian law, including statutory, customary, and Islamic marriages, to assess the applicability and variation of ancillary reliefs across these diverse marriage systems.
Furthermore, this research critically analyzes the adequacy of the existing legal provisions governing ancillary reliefs, exploring issues such as spousal maintenance, property distribution, child custody, and access to matrimonial assets. It examines the challenges faced by the Nigerian judiciary in interpreting and applying these provisions consistently, especially in the context of customary and Islamic marriages, where the application of traditional norms and practices may conflict with statutory law.
In conclusion, this research highlights the importance of a robust and adaptable legal framework for ancillary reliefs in Nigerian Marriage Law. It underscores the need for reforms that take into account the diverse nature of marriages in Nigeria, promote gender equality, and ensure that the rights and interests of all parties, especially vulnerable spouses and children, are adequately protected. The findings of this study contribute to the ongoing discourse on family law reform in Nigeria and provide valuable insights for policymakers, legal practitioners, and scholars working in the field of family and matrimonial law.