AVAILABLE SETTLEMENT MEASURES FOR MARRIAGE DISPUTES UNDER NIGERIA STATUTES

Abstract

Marriage is a universal institution, though the legal processes and requirements for entering into marriage vary across jurisdictions. Despite these differences, marriages frequently encounter disputes such as divorce, judicial separation, child custody, and maintenance of children or spouses. This article focuses on marriages conducted under statutory law, particularly within the Nigerian context. Traditionally, matrimonial disputes have been resolved through litigation. However, this adversarial approach has numerous drawbacks, including delays due to court congestion, high litigation costs, and the confrontational nature of court proceedings. Using the Matrimonial Causes Act (MCA) of 1970 as a framework, this article critiques the litigation process in Nigeria, highlighting its complexity and the need to balance spouses' rights, children's best interests, and societal values. The MCA provides a structured approach for resolving matrimonial disputes, detailing grounds for divorce, legal procedures, and court guidelines for determining outcomes. While litigation has advantages, such as confidentiality and potential cost and time savings, it also faces significant challenges like inadequate skills and enforcement issues. This research not only examines these challenges but also explores alternative dispute resolution methods, including arbitration, conciliation, mediation, and negotiation. These alternatives offer promising solutions to the shortcomings of traditional litigation in matrimonial disputes. In the latter part of this research, recommendations for overcoming the challenges associated with both litigation and alternative dispute resolution methods are discussed. These suggestions aim to enhance the effectiveness of resolving matrimonial and family disputes, ultimately promoting a more efficient and less adversarial approach to addressing issues within marriages. This comprehensive analysis underscores the importance of evolving legal frameworks to better serve the needs of all parties involved in matrimonial disputes.