UNIT 29 - ANCILLARY RELIEFS TO MATRIMONIAL SUITS (MAINTENANCE)

TOPIC OF THE DAY

- TYPES AND NATURE OF ANCILLARY RELIEFS

- PERSONS QUALIFIED FOR GRANT OF ANCILLARY RELIEFS

- THE RELIEFS OF MAINTENANCE

Types and Nature of Ancillary Reliefs

Ancillary reliefs refer to orders made by a court in relation to financial and property matters following the breakdown of a marriage. These are additional to the main relief of divorce or judicial separation. The types of ancillary reliefs in Nigeria include:

1.Maintenance Orders: This involves periodic payments from one spouse to the other for their support or for the support of their children. See the case of Balogun v. Balogun (1969) 1 All NLR 349, where the court made an order for the maintenance of the wife and children.

2.Settlement of Property Orders: These orders determine the distribution of property owned by the spouses. It could involve transferring ownership or creating a charge on the property. See section 72 of the Matrimonial Causes Act (MCA) 2004.

3.Lump Sum Payments: this is a one-time payment made by one spouse to the other for their maintenance or settlement of financial claims. See the case of Dukku v. Dukku (2011) LPELR-CA/J/155/2008, where the court ordered a lump sum payment to the wife.

4.Educational Expenses: this is where the court orders for the payment of educational expenses for the children of the marriage. See section 70(1) of the MCA.

5.Periodic Payments Orders: These involve regular payments (monthly, yearly) from one spouse to another, usually for maintenance. See the case of Otunla v. Otunla (2003) LPELR-CA/I/50/2001.

Persons Qualified for Grant of Ancillary Reliefs

1.Spouses: Either spouse in a marriage can apply for ancillary reliefs. This includes both the husband and the wife. See section 70(1) of the MCA which states that "the court may order either party to the marriage to make to the other such periodical payments...".

2.Children: Ancillary reliefs can also be granted for the benefit of the children of the marriage as seen in the case of Adesanya v. Adesanya (1974) 1 All NLR 23, where maintenance was ordered for the children.

Reliefs of Maintenance

Maintenance refers to the financial support provided by one spouse to the other or to their children following the breakdown of their marriage. Maintenance can be classified into the following:

1.Spousal Maintenance: this talks about financial support paid by one spouse to the other, usually the economically weaker spouse. See section 70(1)(a) of the MCA which provides for the maintenance of a spouse.

2.Child Maintenance: this is the financial support provided for the upbringing and education of the children of the marriage as illustrated in the case of Omoregie v. Omoregie (2009) LPELR-CA/B/95/2007, where the court made an order for the maintenance of the children.

3.Interim Maintenance: This is the temporary maintenance paid until the final determination of the divorce proceedings as provided under section 71(1) of the MCA which allows the court to make an interim maintenance order.