All you need to Know about Adoption of a Child under Nigerian Law

 

Adoption in Nigeria is governed by both federal and state laws, with key legal frameworks including the Child Rights Act (2003) at the federal level and individual state adoption laws, especially in states that have domesticated the Child Rights Act.

Legal Framework for Adoption in Nigeria

1. Child Rights Act (2003): This Act provides the general legal framework for adoption in Nigeria. However, adoption laws are implemented at the state level, meaning that each state has the authority to regulate adoption within its jurisdiction.

Can You Stop Your Spouse From Using Your Name After Divorce in Nigeria- SNATHAP

Under Nigerian law, your personal name is generally considered part of your identity rather than a proprietary asset that you can control through the courts. This means that once your marriage is dissolved, there is usually no legal mechanism to force your ex-spouse to stop using the name they have adopted—even if that name was originally associated with you during the marriage.

Key Points

1. Identity vs. Property Rights

   • A personal name is seen as an aspect of identity rather than property.
   • Courts do not typically have the power to compel an individual to change their name simply because it was once shared in a marital relationship.

Can You Take Legal Action Against Someone Who Commits Adultery With Your Spouse Under Nigerian Laws

 

Under Nigerian law, adultery is not a criminal offense, but it can have legal consequences, especially in civil matters like divorce and compensation claims.

1. Criminal Liability for Adultery

• Under Nigerian Criminal Law: Adultery is not classified as a crime under the general criminal laws of Nigeria, such as the Criminal Code (Southern Nigeria) and Penal Code (Northern Nigeria).
• Under Sharia Law: In some northern states that operate Sharia law, adultery (zina) is a criminal offense with severe penalties, but this applies only to Muslims under Islamic personal law.

2. Civil Liability for Adultery

Thinking! You Don't Want that Divorce yet? All you need to Know About Judicial Separation- SNATHAP

Judicial Separation under Nigerian Law

Judicial separation is a legal process that allows married couples to live apart while remaining legally married. Unlike divorce, it does not terminate the marriage but provides relief from marital obligations. In Nigeria, judicial separation is governed by the Matrimonial Causes Act (MCA) 1970.

Legal Basis for Judicial Separation

Under Section 39 of the MCA, a party to a marriage may apply to the court for a decree of judicial separation based on the same grounds as divorce, except that the marriage is not dissolved.

Grounds for Judicial Separation

Child Custody In under. Nigerian Law - SNATHAP

In Nigeria, child custody is governed by a combination of statutory laws, customary laws, and religious laws, depending on the circumstances of the case. Here’s a breakdown of child custody under Nigerian law:

1. Governing Laws

Child custody matters in Nigeria are mainly regulated by:

• The Matrimonial Causes Act (MCA) 1970 – applies to legally married couples under statutory marriage.
• The Child Rights Act (CRA) 2003 – focuses on the best interests of the child.
• Customary and Islamic Laws – apply where the parents were married under customary or Islamic law.

2. Who Gets Custody?

Custody decisions depend on various factors, including the child’s best interests, age, and parental capacity.

Common mistakes that could render your marriage a nullity or voidable under Nigerian Law - SNATHAP

Under Nigerian law, a marriage can be either void (having no legal effect from the outset) or voidable (valid until declared invalid by a court). The Matrimonial Causes Act (1970) outlines the grounds for both.

1. Mistakes that Render a Marriage Null and Void (Void Marriages)

A void marriage is considered never to have existed legally. Common mistakes that lead to a void marriage include:

1. Non-compliance with legal requirements

   • Failure to follow the prescribed marriage procedure under the Marriage Act (e.g., not obtaining a marriage license, failing to publish banns properly).
   • Marriage conducted by an unauthorized person or in an unauthorized place (e.g., a church not licensed for statutory marriages).

All You Need to Know About Divorce In Nigeria - SNATHAP

Have you ever imagined that signing papers in Nollywood context applies to divorce in Nigeria? Such thought or belief could only have been gotten through Nollywood, Jurisdictional experience outside Nigeria or simple imagination. 

Divorce law in Nigeria is governed primarily by the Matrimonial Causes Act (MCA) 1970, which sets out the legal framework for the dissolution of marriages. Divorce in the circumstances applies only to marriages solemnized under the Matrimonial Causes Act (exclusive of customary marriage and Islamic Marriage) Here’s everything you need to know:

1. Grounds for Divorce

Nigeria follows a "no-fault" divorce system, meaning that a party must prove that the marriage has "broken down irretrievably." This can be established under any of the following eight grounds:

What is Pre-nuptial Agreement and Factors to be Considered Before Entering Same - Olanlekan Natha-Alade

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement (prenup) is a legal contract entered into by a couple before marriage to outline how their assets, liabilities, and financial matters will be handled in the event of divorce, separation, or death. It sets clear financial expectations and helps protect individual interests.

Factors to Consider Before Entering a Pre-Nuptial Agreement

1. Legality and Enforceability

   • In Nigeria, pre-nuptial agreements are not explicitly recognized under the Matrimonial Causes Act, but courts may consider them if they meet legal principles of fairness and equity.

How Does the Law Protect Children of Divorced Couple in Nigeria - Olanlekan Natha-Alade

In Nigeria, the law provides several protections for children of divorced couples, mainly through the Matrimonial Causes Act (MCA) 1970, the Child Rights Act (CRA) 2003, and other relevant laws.

1. Custody and Welfare of the Child

• Under the Matrimonial Causes Act, the court determines who gets custody based on the best interests of the child.
• The court considers factors such as the child's age, health, education, emotional ties, and the financial capability of each parent.
• Generally, young children (under 7) are usually placed with their mother unless the court finds compelling reasons to decide otherwise.

2. Child Maintenance and Financial Support

Common Legal Issues on Divorce in Nigeria - SNATHAP

Divorce in Nigeria is governed by the Matrimonial Causes Act (1970) and various customary and religious laws, depending on the type of marriage (statutory, customary, or Islamic). Some common legal issues that arise in divorce cases in Nigeria include:

1. Grounds for Divorce

Under Nigerian law, a marriage can only be dissolved if it has broken down irretrievably. Common grounds include:

• Adultery
• Desertion for at least one year

Legal Factors You Need to Consider in Nigeria Before Entering a Marriage - SNATHAP

 In Nigeria, marriage is not just a cultural or religious affair; it also has legal implications that must be carefully considered before saying, “I do.” Here are some key legal factors to take into account:

1. Type of Marriage

Nigeria recognizes different types of marriage, each with distinct legal implications:

• Customary Marriage (traditional)
• Islamic Marriage (Sharia-based)
• Statutory Marriage (under the Marriage Act)

If you choose a statutory marriage, you cannot legally marry another spouse. However, customary and Islamic marriages allow polygamy. Your choice affects your rights, inheritance, and divorce process.