- JURISDICTION IN MATRIMONIAL CAUSES MATTERS
- DOMICILE
- DOMICILE OF A MARRIED WOMAN
- DOMICILE OF CHOICE
- JURISDICTION BASED ON DOMICILE
- JURISDICTION BASED ON RESIDENCE
- LAW TO BE APPLIED
- RECONCILIATION
Jurisdiction in Matrimonial Matters
Jurisdiction refers to the authority given to a legal body like a court to administer justice within a defined field of responsibility. In matrimonial matters, this includes authority over issues such as divorce, maintenance, custody of children, and property settlement. In Nigeria, jurisdiction in matrimonial causes is primarily vested in the High Courts. See section 2(1) of the Matrimonial Causes Act (MCA) 1970 which states that subject to the provisions of this Act, a petition under this Act shall be presented to the High Court and the case of Cole v. Cole (1898) 1 NLR 15 where the court established that the High Court has jurisdiction over matrimonial causes in Nigeria.
Domicile
Domicile is a crucial concept in determining jurisdiction in matrimonial matters. It refers to the place where a person has their permanent home or principal establishment and to where they intend to return whenever they are absent. See the case of Udny v. Udny (1869) L.R. 1 Sc. & Div. 441 where the court outlines the principles of domicile of origin, domicile of choice, and domicile of dependence.
Types of Domicile
1.Domicile of Origin: The domicile a person acquires at birth, usually the domicile of their father.
2.Domicile of Choice: A domicile that a person can acquire by moving to another jurisdiction with the intention to reside there permanently.
3.Domicile of Dependence: The domicile of a person who is legally dependent on another, such as minors and married women (historically).
Domicile of a Married Woman
Historically, a married woman’s domicile was considered to be that of her husband. However, modern legal reforms have changed this to reflect gender equality, allowing married women to have an independent domicile. See section 7 of the Matrimonial Causes Act 1970 which allows a married woman to acquire an independent domicile and the case of Lewis v. Lewis (1921) 1 AC 694 where the court recognized that a married woman could acquire a domicile separate from her husband’s.
Domicile of Choice
A person can acquire a domicile of choice by residing in a jurisdiction with the intention of making it their permanent home. This requires both physical presence and the intention to reside permanently. See the case of Bell v. Kennedy (1868) L.R. 1 Sc. & Div. 307 where the court establishes the requirement of residence and intention for acquiring a domicile of choice.
Jurisdiction Based on Domicile
In Nigeria, jurisdiction for matrimonial causes is primarily based on the domicile of the parties. The High Court has jurisdiction if either party to the marriage is domiciled in Nigeria at the time of the petition. See section 2(3) of the Matrimonial Causes Act 1970 which states that the court has jurisdiction if either of the parties is domiciled in Nigeria.
Jurisdiction Based on Residence
In certain cases, jurisdiction can also be based on the residence of the parties. The High Court may have jurisdiction if the parties have resided in Nigeria for a specified period before the petition is filed. See section 2(4) of the Matrimonial Causes Act 1970 which states that the court has jurisdiction if the parties have been ordinarily resident in Nigeria for at least three years immediately preceding the presentation of the petition.
Law to be Applied
The law applicable in matrimonial causes in Nigeria is the Matrimonial Causes Act 1970. This Act governs the procedure and substantive issues related to matrimonial matters, including divorce, maintenance, and custody and also provides the legal framework for matrimonial causes in Nigeria.
Reconciliation
Before proceeding with divorce or judicial separation, Nigerian law encourages reconciliation between the parties. The court may adjourn proceedings to give the parties an opportunity to reconcile. See section 11 of the Matrimonial Causes Act 1970 which empowers the court to adjourn proceedings to enable reconciliation efforts and the case of Ogunbiyi v. Ogunbiyi (1980) 3 CCHCJ 1137 where the court emphasized the importance of reconciliation and granted an adjournment to allow the parties to attempt reconciliation.
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