UNIT 3 - THE NATURE OF FAMILY LAW

TOPIC OF THE DAY

- DISSOLUTION OF MARRIAGE BY DEATH

- DISSOLUTION OF MARRIAGE BY DIVORCE

- DISSOLUTION OF MARRIAGE BY ANNULMENT

- THE LAW OF PARENT AND CHILD

- MOVABLE AND IMMOVABLE FAMILY PROPERTY

- SLAVES OF DOMESTICS

- HEAD OF THE FAMILY

- RIGHTS IIN THE IMMOVABLE PROPERTY OF THE FAMILY

Dissolution of Marriage by Death

The dissolution of marriage by death occurs naturally when one spouse passes away. This event terminates the marriage bond without the need for any legal proceedings. The legal implications primarily involve inheritance rights, custody of children, and the distribution of property. See the Marriage Act (1914) and the Administration of Estates Law.

Dissolution of Marriage by Divorce

Divorce is the legal termination of a marriage by a court. In Nigeria, the Matrimonial Causes Act (MCA) governs the process. Grounds for divorce include adultery, unreasonable behavior, desertion, and living apart for a certain period. See the Matrimonial Causes Act (MCA), the Matrimonial Causes Rules and the case of Williams v. Williams (1987) LPELR-SC.11/1986.

Dissolution of Marriage by Annulment

An annulment declares a marriage null and void as if it never existed. Grounds for annulment in Nigeria include lack of consent, bigamy, impotence, and mental incapacity. See the Matrimonial Causes Act (MCA) and the case of Williams v. Williams (1987) LPELR-SC.11/1986.

Law of Parent and Child

The law governing the relationship between parents and children includes issues of custody, maintenance, and inheritance. It seeks to protect the best interests of the child. See the Child Rights Act (CRA) and also the Matrimonial Causes Act (MCA) and see the case of Odusote v. Odusote (2012) LPELR-SC.220/2006.

Movable and Immovable Family Property

Family property can be classified as movable (e.g., personal belongings) and immovable (e.g., land and buildings). The management and distribution of these properties are governed by customary law, statutory law, and judicial precedents. See the Land Use Act, the Administration of Estates Law and see also the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130.

Slaves or Domestics

While slavery is abolished, domestic servitude issues still arise, particularly regarding the rights and protections of domestic workers. See the Labour Act which provides that slavery is illegal under Nigerian law and also domestic workers are entitled to fair wages, reasonable working conditions, and protection from abuse.

Head of the Family

The head of the family holds a significant position, particularly in customary law settings, with responsibilities for managing family affairs and property. See the case of Olukoga v. Fatunde (1996) 2 NWLR (Pt. 433) 656.

Rights in the Immovable Property of the Family

Family members have certain rights to immovable property, which are often governed by customary law and statutory provisions. See the Land Use Act, the Administration of Estates Law and also the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130.