Grounds for Divorce in Nigeria – Adultery and Intolerability
Its not enough to establish that a party to a marriage has committed adultery ( and contrary to what I have read elsewhere recently it DOES NOT only apply to the wife or female party). Remember evidence of adultery can be circumstantial, the court will consider preponderance of evidence and not proof beyond reasonable doubt. The court will look for opportunity and familiarity.
There are a number of circumstances were adultery is generally presumed
1. where the parties are living together
2. Bigamy is proof of adultery
3. Confessions of adultery are also proof
4. The fathers name registered on a child’s birth certificate
5. Frequent visits to brothels
6. Sexually transmitted diseases that the other spouse does not also have
The petitioner in a divorce case also needs to prove that he or she now finds it intolerable to live with the respondent. This intolerability need not arise as a result of the adultery but there must be evidence of intolerability. If for instance a wife no longer desires to have sex with her husband and her husband resorts to raping her that could be evidence of intolerability. On the other hand if a wife does have sex with her husband after he commits adultery does not condone him.
Evidence of intolerability is completely subjective, its all about what the petitioner feels and not what a reasonable man or woman may feel.
Its not enough to prove adultery, to sustain this ground for a divorce there must be both and there must be evidence of both.
If you have questions don’t hesitate to get in touch
cheers
Very useful.I am reblogging!
Noel Ihebuzor
November 24, 2012
Thank you
mz_agams
December 10, 2012
Reblogged this on visionvoiceandviews.
Noel Ihebuzor
November 24, 2012
Hello, what are my legal resorts if my husband refuses to let me into his house. We had a fight and He moved out. Without letting me know. Moved everything in the house, from furniture to kitchen equips, everything, leaving just my stuff. I’m not sure he’s done anything wrong in d eyes of the law, but what legal backing do I have to move my stuff to the new apartment seeing that there was no separation and I don’t want to live separate nor get a divorce. Pls advise. Merci.
maryanne
November 26, 2012
Where were you married? Church? Registry? Or traditional? This will determine your specific rights but as is wife you do have a right to enter the house till there is a divorce or seperation
mz_agams
December 10, 2012
We were married traditionally and in the catholic church. Also registered at the local govt council. I’m heavy and almost due. Can I go to the hosue and refuse to leave? No separation or divorce proceedings are on.
maryanne
December 10, 2012
Yes you can go back to the house and refuse to leave
mz_agams
December 10, 2012
Thank you, I appreciate your response. Again, may I ask, he’s refused to let me in. I don’t have the key. The last time I went he asked the security men and called some security personnel to ask “this woman” to leave his house. I didn’t want to act violently and try to break d door or anything. No one touched me though, but I sat outside on the pavement for about 7hours and had to leave. What exactly can I do to get in. He may have beenhiding something, I don’t know and won’t accuse. I’m just trying to fight for my marriage. He refuses to talk to me or say what he wants to do. I don’t want to put my life on hold waiting. I feel like breaking d door, but I don’t want to do anything illegal. Please advise further. God bless.
maryanne
December 10, 2012
A situation where a husband claims to have evidence against the wife committing adultery and the wife unknowingly confesses to him and apologized for the action,what rights does she have if the husband decides to file for divorce given that they have children.
Ndidi
February 3, 2013
He has tolerated the behaviour and will not be allowed to use it as grunds for divorce
mz_agams
February 3, 2013
Pls what legal ground do i ave,i am the husband,i confessed my act of adultry to my wife,and my father pleaded on my behalf too,but she insisted that she cant tolorate me any more and she refused to file divorce thou we are not living together either because i could not stand her humilation because she is richer than i do,also she rented our apartment,when i ask her for divorce she said her lawyer claimed that it will take a year before she could file a divorce
ollyolly
May 1, 2013