Thursday, August 15, 2013

CLIENT: "I WANT TO DIVORCE MY HUSBAND"

She worked into my office with a veil covering her head, and sunglasses covering her eyes, when she unveiled herself, I said a silent waoh! , she was the most beautiful female client to step into my office. I had been pre informed of the purpose of her visit but I wanted to hear it from her. We exchanged pleasantries and I asked why she wanted to see me, and out came the bomb ‘ I want to divorce my husband’. So I got my pen and paper and started to ask questions and take note. They have being married for less than two years, the marriage broke down three months after the marriage. The marriage ceremony took place in a marriage registry in Lagos State and no member of her family or friend was present. I asked for her marriage certificate, which is proof of marriage, but she claimed that the certificate was removed from her box by her husband. She wanted a divorce because after the marriage she discovered that information she had about him was false. Shortly after her marriage the realized that she was his sixth wife or should we say the sixth woman he would be marrying, she has no proof of a divorce with any of his wives, and he is over 25 years older than her. Her husband is based abroad, the plan before the marriage was for her to relocate and join him, but she later discovered that the original plan was for her to relocate to his village and live with his parents. That was why no accommodation was provided for her after the marriage. After listening to her story, and allowing her to dry her tears, I had to tell her the truth, citing and reading out the relevant sections from our Matrimonial Causes Act, I told her that she could not file for divorce less than two years after marriage unless she could proof that there was hardship or an exceptional depravity. But if she could proof that her husband was still married to any of these other women as at the time, she married him, then the marriage would be void and the court can grant a divorce. All other issues she raised where just sentimental, because as far as any one is concerned her family would have verified issues before giving their daughter out. She married for the money, and the dream of travelling abroad. I also suggested reconciliation, with the help of family members, that is if there is no proof of a subsisting marriage, but if really the marriage has broken down irretrievably then both parties can quietly divorce in court, with out going through an embarrassing trial.  This is my advice for young girls who just want to jump into marriage for the money, you soon discover that marriage is not a fairy tale, its all about patience, tolerance and real /genuine love. Look before you leap.  



2 comments:

  1. Once a marriage is a nullity, you don't talk about divorce again but a nullity proceeding against such marriage. Period!

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  2. hi thanks for your comment. the client is not really sure of her husband's previous marital status, are report is all based on hearsay. one cant really pass judgment until u hear from the other side.

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