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ABSTRACT
The institution of marriage since its inception has been viewed as a legal union between a man and a woman for life to the exclusion of third parties. Both statutes and common law generally adopt definition and this remains the law in Nigeria. Even though the legal effects of marriage have been extended to non-heterosexual unions in some jurisdictions, there is no gainsaying that marriage is a unique relational contract in the experience of humans. Yet the polity understands that law and societal norms and values while providing some restraint on marriage couples do not prevent a collapse in the relationship of parties. Marital dynamics are fluid and the reasons for marital breakdown could be myriad. Indeed, there may be no cogent reasons at all. The law of divorce in Nigeria is the Matrimonial Causes Act 1970. It provides for irretrievable breakdown of marriage as the only ground for divorce, but lists other facts by which it is to be established. One of these facts is that provided for under section 15(2)(c) of the Act namely, unbearable behaviour. Due to the general nature of this fact (even though the Act contains specific examples of such behaviour) courts have been occupied with interpreting and ascertaining the nature and categories of behaviour which can be classed as intolerable or unbearable. Using the doctrinal method of research this essay explores how the courts have construed this fact of irretrievable breakdown under the Act. It traces the historical evolution of grounds for divorce, elucidating how cultural, religious, economic and socio-political factors have shaped legal frameworks globally. It identifies key trends, challenges, and implications associated with the grounds for divorce, particularly the nuanced application of unbearable behaviour as a legal criterion. It elucidates how legal systems navigate the delicate balance between protecting the institution of marriage while safeguarding individual rights and freedoms. The major finding of this study is unbearable behaviour is prominent among the facts relied on by parties to divorce petitions, yet it represents the least understood because of complications introduced into its judicial construction by non-legal factors such as socio-cultural themes and orientations of judges leaving the fact quite complex and its scope uncertain.
