Streamlining Matrimonial Causes With Divorce Mediation

By Olatunji Atoyebi

For Ms. Iyabo Adebayo, her matrimonial journey to Mr. Babatunde
had come to an end. In 2017, she told a Court sitting in Ibadan “My
lord, I no longer have any feeling for Babatunde again; he is lazy
in bed and he can no longer satisfy me sexually. For so long,
I had been coping with his inability to withstand my sexual
urge, but I can’t cope with this any longer.”

Iyabo is not alone. Divorce is on the rise in Nigeria and all
over the world. In a 21^st February 2020 post that
immediately went viral, @sandraorokodo tweeted “4,000 divorce
applications in Abuja already and the year has just started. Some
of these marriages are just a year old.”

Whether you agree or disagree with @sandraorokodo, it is
anecdotally true that both marriage and divorce among millennials
are on the rise. With divorce at one end of the spectrum,
Matrimonial Causes provides a series of problem-solving options to
anyone who wants seeking judicial intervention to resolve their
disputes.

Under S114 of the Matrimonial Causes Act, the phrase
‘Matrimonial Cause’ is defined as actions such as
dissolution/nullification of marriage; judicial separation;
restitution of conjugal rights; and Jactitation. It should be noted
that this definition applies only to Statutory Marriages and not
Customary or Islamic marriages. Put more broadly, ‘Matrimonial
causes’ refers to the range of judicial remedies which a Party can
institute against their significant other when things go sour.

Many have argued that the noted increase in Mariticide
and Uxoricide (those are real words which refer to the
killing of a spouse by another spouse), divorce pales in comparison
as a means of resolving irreconcilable disputes.

Burdened by an ancient law and a slow judiciary, the process for
seeking and obtaining matrimonial relief in Nigeria can be hostile
time-consuming and bitter. A survey carried out by CNN revealed
that “Divorce causes more than bitterness and broken hearts, the
trauma of a split can leave long-lasting effects on mental and
physical health that remarriage might not repair”.

Separation and divorce are emotionally difficult events.
According to the American Psychology Association, “the end of a
marriage typically unleashes a flood of emotions including anger,
grief, anxiety and fear”.

Submitting to Divorce Mediation helps speed up the proceedings
and make the breakup cordial and agreeable. Divorce mediation is a
process of resolving conflicts that arise within a family with the
help of a third party known as the mediator. The Mediator, an
independent, professionally-trained person helps to work out
arrangements for the family on issues such as custody of a child,
property division, finances and dissolution of marriage.

In Nigeria, the Matrimonial Causes Act recognizes and encourages
the use of alternative dispute resolution processes in matrimonial
causes. Divorce Mediation can take place during the pendency of the
suit, either by the decision of the parties as per S. 11 (1) (a)
MCA; by the Court as in S. 11 (1) (b) MCA or by a Marriage
Conciliator appointed by the Court S. 11 (1) (c), S. 114 MCA.

Quite unfortunately, many Divorce Lawyers treat the mandatory
Certificate of Reconciliation as a mere formality without actually
drawing the attention of the Petitioner to the provisions relating
to reconciliation. Ignoring a process that will save your Client a
considerable amount of time, money, emotional and mental wellbeing
should be considered to be professional misconduct.

Benefits of Divorce Mediation:

• Its saves time
• Its process is less expensive
• There is Confidentiality between the mediator and both parties
  in dispute
• The process is less stressful and faster
• A neutral third party assists the parties in reaching a
  voluntary, mutually beneficial resolution.
• Mediation improves communication between both parties bringing
  out the real issues.
• In mediation both parties win

In the final analysis, contentious and prolonged divorce cases
do more harm than good. By streamlining proceedings through
mediation and conciliation, the parties save time, money while
retaining some level of camaraderie between the parties.

Written  By Olatunji Atoyebi,
0803 588 6823

By Olatunji Atoyebi

For Ms. Iyabo Adebayo, her matrimonial journey to Mr. Babatunde
had come to an end. In 2017, she told a Court sitting in Ibadan “My
lord, I no longer have any feeling for Babatunde again; he is lazy
in bed and he can no longer satisfy me sexually. For so long,
I had been coping with his inability to withstand my sexual
urge, but I can’t cope with this any longer.”

Iyabo is not alone. Divorce is on the rise in Nigeria and all
over the world. In a 21^st February 2020 post that
immediately went viral, @sandraorokodo tweeted “4,000 divorce
applications in Abuja already and the year has just started. Some
of these marriages are just a year old.”

Whether you agree or disagree with @sandraorokodo, it is
anecdotally true that both marriage and divorce among millennials
are on the rise. With divorce at one end of the spectrum,
Matrimonial Causes provides a series of problem-solving options to
anyone who wants seeking judicial intervention to resolve their
disputes.

Under S114 of the Matrimonial Causes Act, the phrase
‘Matrimonial Cause’ is defined as actions such as
dissolution/nullification of marriage; judicial separation;
restitution of conjugal rights; and Jactitation. It should be noted
that this definition applies only to Statutory Marriages and not
Customary or Islamic marriages. Put more broadly, ‘Matrimonial
causes’ refers to the range of judicial remedies which a Party can
institute against their significant other when things go sour.

Many have argued that the noted increase in Mariticide
and Uxoricide (those are real words which refer to the
killing of a spouse by another spouse), divorce pales in comparison
as a means of resolving irreconcilable disputes.

Burdened by an ancient law and a slow judiciary, the process for
seeking and obtaining matrimonial relief in Nigeria can be hostile
time-consuming and bitter. A survey carried out by CNN revealed
that “Divorce causes more than bitterness and broken hearts, the
trauma of a split can leave long-lasting effects on mental and
physical health that remarriage might not repair”.

Separation and divorce are emotionally difficult events.
According to the American Psychology Association, “the end of a
marriage typically unleashes a flood of emotions including anger,
grief, anxiety and fear”.

Submitting to Divorce Mediation helps speed up the proceedings
and make the breakup cordial and agreeable. Divorce mediation is a
process of resolving conflicts that arise within a family with the
help of a third party known as the mediator. The Mediator, an
independent, professionally-trained person helps to work out
arrangements for the family on issues such as custody of a child,
property division, finances and dissolution of marriage.

In Nigeria, the Matrimonial Causes Act recognizes and encourages
the use of alternative dispute resolution processes in matrimonial
causes. Divorce Mediation can take place during the pendency of the
suit, either by the decision of the parties as per S. 11 (1) (a)
MCA; by the Court as in S. 11 (1) (b) MCA or by a Marriage
Conciliator appointed by the Court S. 11 (1) (c), S. 114 MCA.

Quite unfortunately, many Divorce Lawyers treat the mandatory
Certificate of Reconciliation as a mere formality without actually
drawing the attention of the Petitioner to the provisions relating
to reconciliation. Ignoring a process that will save your Client a
considerable amount of time, money, emotional and mental wellbeing
should be considered to be professional misconduct.

Benefits of Divorce Mediation:

• Its saves time
• Its process is less expensive
• There is Confidentiality between the mediator and both parties
  in dispute
• The process is less stressful and faster
• A neutral third party assists the parties in reaching a
  voluntary, mutually beneficial resolution.
• Mediation improves communication between both parties bringing
  out the real issues.
• In mediation both parties win

In the final analysis, contentious and prolonged divorce cases
do more harm than good. By streamlining proceedings through
mediation and conciliation, the parties save time, money while
retaining some level of camaraderie between the parties.

Written  By Olatunji Atoyebi,
0803 588 6823