AN ANALYSIS OF THE LEGAL FRAMEWORK FOR MARRIAGE AND DIVORCE UNDER THE MATRIMONIAL CAUSES ACT

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ABSTRACT

Marriage is a fundamental union that plays a private role. Marriage is widely acknowledged to be more than a mere contractual agreement, be it religious or civil, but as an esteemed institution. Marriage holds a special place in the legal landscape as it is a union that is attached with a multitude of responsibilities rights and legal implications. In Nigeria, there are basically two forms of marriage: statutory and customary/Islamic law unions. The former is characterized by monogamy, while the latter permits the potential for polygamy. These types of marriages are distinct, having different features and prerequisites for their validity. The Matrimonial Causes Act (MCA) enacted in 1970 (now CAP M7 laws of the federation, 2004) primarily regulates the dissolution of marriage, as well as custody and the welfare of children in Nigeria. While the predominant law governing marriage in Nigeria is the marriage Act. This project emphasizes on the legal framework of marriage and divorce, specifically under the Matrimonial Causes Act.

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