Legal Question in Family Law in Nigeria
We got married in 2009. Have 2 kids. Courted for 10years since university days. Got a rented apartment where we moved back to his family house after 2years. His mom n sister live in the front flat. I agreed to moving for the sake of peace which i actually got when we moved. As God will have it, i earn higher than him n pay almost all the bills including our son's school fees for which he never added a dime no matter how little. Moved to d family house in 2011 and has only given money for cooking at my insistence once in 3 years and expects food on the table everyday. His claim is that i earn more than him. I frown strongly as i believe that a responsible man should fend for his family no matter how little. Rather, he abuses me n says all sorts to me. Im tired of the marriage; its emotionally n financially draining. I feel used. I no longer enjoy sex with him n im not cheating n never will. I strongly believe ill be a better woman once im out of there but im scared of separation cos i dont want the kids to grow up in a broken home but its veeery obvious d marriage has fallen apart. Theres so much i cant write. I need help please. My children are 3 years and 6months. please Advise as to separation or counselling as ive read that divorce in nigeria is a longer process.
1 Answer from Attorneys
I am assuming you had a court wedding? If that is the case, you can actually apply to the court for an judicial order of separation on the ground that your husband has behaved in such a way that you cannot be reasonably expected to live with him again.
Should you decide to go ahead with this, kindly note that the court will give both you and your husband an opportunity for reconciliation during case. In practice, this will be done under the guidance of the Judge hearing the case. Should reconciliation fail (or after a certain time within which the matter was adjourned for both parties to reconcile), either of the parties may request that the court proceed with the original case seeking a judicial order of separation.
In terms of counselling, you may want to explore the options available to you at the various ADR forums in Nigeria.
I hope this helps.
Chukwuyere ([email protected])
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