Marriage is a union or institution involving two people who are bound by laws. When things are no longer working out well between couples, the first thing they opt for is “divorce.”
However, there are other available options that people tend not to explore. They are “annulment” and “legal separation.” All the methods mentioned work differently; if you understand them, you will know what fits in a particular situation.
Below are all you need to know about divorce, annulment, and legal separation:
Divorce
Divorce is a legal decree that dissolves a marriage before either spouse dies. The parties involved are no longer bound to each other hence, they are free to remarry or enter into another relationship with someone else.
Before couples decide to divorce in Nigeria, it must be certainly due to the following reasons according to the “Matrimonial Causes Act” which go thus:
1. Absence
When a spouse is no longer present in the marriage for at least seven years, it is lawful for his or her partner to file for a divorce.
2. Adultery
Adultery is a common reason for divorce in Nigeria. If one partner can actually prove the other cheated on him or her, the union can be dissolved.
3. Bad behaviour
Another reason to file for divorce is when there is violence and addiction which has to be proven.
READ ALSO: Two-year rule and three other things to know about divorce
Annulment
An annulment occurs when a marriage is invalid. This occurs when the parties involved are underage, forced to marry,, or under the influence of alcohol or drugs. When a marriage is invalid, it could either be void or voidable. A void marriage means the marriage never existed; it does not need a court decree, but if there is doubt, it can be obtained. A voidable marriage is annulled when there are some defects between both parties.
Legal separation
Legal separation is a situation where married couples live apart (as approved by the court of law) but are still legally married. This entails how the couples would both manage their finances, property, and child custody.
There are two types of separation which are:
1. Temporary separation
This is when couples take some time apart to decide the way forward for their relationship, whether it is to rekindle it or settle for divorce.
2. Permanent separation
In this case, there seems to be no room for reconciliation between the aggrieved couples. Sex is not allowed, except when the separation is terminated. After permanent separation, couples can still go for divorce.
