COMPARATIVE ANALYSIS ON MARRIAGE AND DIVORCE UNDER STATUTORY LAW
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COMPARATIVE ANALYSIS ON MARRIAGE AND DIVORCE UNDER STATUTORY LAW
ABSTRACT
This study presents a comparative analysis of marriage and divorce under statutory law, examining how legal frameworks define the formation, rights, obligations, and dissolution of marriage in contemporary legal systems. The research explores statutory provisions governing marriage, including conditions for validity, formalities, consent, and capacity, and contrasts these with the legal grounds and procedures for divorce such as irretrievable breakdown, fault-based claims, and judicial discretion. Using doctrinal and comparative research methods, the study analyses statutory regulations from selected jurisdictions, highlighting similarities, divergences, and the influence of socio-cultural norms on legislative development. Findings reveal that while most statutory regimes emphasize the protection of individual rights, gender equality, and the welfare of children, significant differences remain in procedural requirements, evidentiary burdens, and judicial interpretation of matrimonial causes. The study concludes that harmonization of statutory provisions and modernization of matrimonial laws can enhance fairness, reduce litigation, and promote stability in marital relationships. Recommendations are made for continuous legislative reforms to address evolving societal dynamics and to strengthen the effectiveness and equity of statutory marriage and divorce systems.
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
Marriage is a legally and socially recognized union that establishes rights and obligations between spouses and, in many cases, their children. Under statutory law, marriage is governed by formal legislative provisions that outline the procedures, rights, and responsibilities of the parties involved (Nwogugu, 2014). In Nigeria, statutory marriage is primarily regulated by the Marriage Act, Matrimonial Causes Act (MCA), and various judicial interpretations of these laws (Okonkwo, 2016). These provisions seek to standardize marital relationships and ensure legal protection for individuals who voluntarily enter into marriage.
Divorce, on the other hand, is the legal dissolution of a valid statutory marriage. Statutory law outlines specific conditions under which a petition for divorce may be granted. The Matrimonial Causes Act provides grounds such as adultery, desertion, cruelty, and the irretrievable breakdown of marriage (Oyebanji, 2018). Divorce under statutory law, therefore, is not designed to be granted arbitrarily but must be supported by substantial evidence and grounded in established legal principles (Adewale, 2017).
Comparative analysis becomes relevant in understanding the diverse interpretations, applications, and outcomes of statutory marriage and divorce laws across different jurisdictions. Legal systems vary in their approaches to marriage formalization, grounds for divorce, maintenance, custody, and property distribution (Elias, 2013). Comparing these systems enables the identification of strengths, weaknesses, and potential reforms in statutory frameworks.
In Nigeria, statutory marriage coexists with customary and Islamic marriages, each with distinct procedures and implications. However, statutory marriage remains the most recognized in terms of international law, constitutional backing, and judicial enforcement (Afolayan, 2020). The rise in divorce rates in many societies has increased the need for scholarly investigations into the statutory provisions governing marital breakdown. Understanding these dynamics enables legal practitioners, policymakers, and scholars to better appreciate the challenges associated with the regulation of marriage and divorce within a statutory framework (Odutola, 2019).
1.2 Statement of the Problem
Despite the existence of comprehensive statutory laws on marriage and divorce, numerous challenges persist. Many couples lack adequate knowledge of the legal implications of statutory marriage, leading to disputes about rights and obligations during divorce proceedings (Omorogbe, 2014). Additionally, inconsistencies in the interpretation of statutory provisions by courts across different states often result in unequal treatment of similar divorce cases (Adewumi, 2021).
Moreover, statutory divorce procedures are often criticized for being lengthy, expensive, and emotionally draining, which discourages some spouses from seeking legal redress (Okafor, 2018). There is also increasing concern about the impact of statutory divorce outcomes on children, especially regarding custody and maintenance (Umezulike, 2015). These problems underscore the need for a comparative analysis of statutory marriage and divorce mechanisms to identify areas where reforms are necessary.
1.3 Objectives of the Study
The main objective of this study is to conduct a comparative analysis of marriage and divorce under statutory law. The specific objectives are to:
Examine the statutory provisions governing marriage.
Analyze the legal grounds and procedures for divorce under statutory law.
Compare statutory marriage and divorce frameworks across selected jurisdictions.
Identify challenges associated with the implementation of statutory marriage and divorce laws.
Suggest possible reforms to strengthen the statutory regulation of marriage and divorce.
1.4 Research Questions
What are the statutory provisions regulating marriage?
What legal grounds and procedures govern divorce under statutory law?
How do statutory marriage and divorce laws differ across selected jurisdictions?
What challenges affect the implementation of statutory marriage and divorce laws?
What reforms can enhance the effectiveness of statutory marriage and divorce laws?
1.5 Significance of the Study
This study is significant for several reasons. First, it contributes to the academic understanding of how statutory marriage and divorce laws operate within different legal systems (Ojo, 2017). It provides valuable insight for policymakers seeking to reform family law to reflect contemporary realities and protect the rights of spouses and children (Akinsanya, 2020). For legal practitioners, the study offers a comparative perspective useful in litigation and legal advisory services.
Additionally, the research will benefit couples and the general public by improving their understanding of statutory marriage and its implications. It also adds to the growing body of literature on family law, particularly in developing countries like Nigeria, where multiple marriage systems coexist (Akintola, 2019).
1.6 Scope of the Study
The study focuses on statutory marriage and divorce within Nigeria, with selected comparative references to jurisdictions such as the United Kingdom and South Africa, which have well-established statutory frameworks (Bennett, 2018). The analysis covers legal provisions, procedures, grounds for divorce, and judicial interpretations. Customary and Islamic marriages are referenced only where relevant to contrast statutory laws.
1.7 Limitations of the Study
The study may be limited by access to up-to-date case law, variations in the interpretation of statutory provisions, and the challenge of comparing jurisdictions with differing socio-legal contexts. Time and resource constraints may also limit the breadth of comparative analysis.
1.8 Definition of Terms
Marriage: A legally recognized union between two individuals regulated by statutory law (Nwogugu, 2014).
Divorce: The legal termination of a valid marriage through judicial processes (Oyebanji, 2018).
Statutory Law: Law enacted by a legislative body and codified in written statutes.
Matrimonial Causes: Legal actions related to marriage, divorce, maintenance, and related issues.
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