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ABSTRACT
The division of marital assets in the event of divorce has drawn criticism in Nigeria that verges on gender discrimination against female genders. The Nigeria Matrimonial Causes Act's section 72, which fails to specify the standards that a presiding judge must follow in dividing marital property in divorce proceedings, can be blamed for the discrimination. This study made use of the qualitative research methodology. The aim and objective of this study is to define what constitutes marital property in the context of divorce and to identify the factors that are considered when determining what qualifies as marital property. Accordingly, the findings of this study criticizes how dissolution of marriage and the division of spousal property are handled in Nigeria. This study examines the perspectives of several authors who have contributed significantly to the field of sexual violence and identifies where these works fall short. In this study, the laws and court cases governing the division of marital property were qualitatively analyzed. The results of this study thus allow for a comparative comparison of what is available in other foreign jurisdictions including Ghana, the United Kingdom, and the United States. This study also offers two alternative explanations for this judicial behaviour: absence of a specific statutory marriage-centred definition of matrimonial property; and the courts’ failure to appreciate the implicit matrimonial property regime revealed by a perspicacious interpretation of the statutes. In conclusion, this study further gives a detailed recommendation stating that it is necessary that the government should consider establishing specialized family courts or designate specific judges to handle divorce cases. This can ensure that judges handling divorce matters have expertise and experience in family law, leading to more informed and consistent decisions.
