Divorce does not have to be messy. When a marriage unfortunately comes to an end, the couple can move on cleanly without having to cause much chaos and throw much dirt on each other. Marriage can be complex but here are some of the most contentious issues during a divorce process.

  • Child Custody

  • Property (acquired during the marriage)

  • Joint business

  • Spousal Maintenace

  • Child Maintenance

  • Visitation

Child Custody:

This is one of the biggest causes of rift and fight in divorce proceedings. Who gets to keep the custody of the child or children of the marriage? In Nigeria, no gender gets an automatic right to the custody of the child. This is made clear by the provisions of the Child’s Rights Act of 2003 which states that the court would only consider the child's best interest when it comes to custody. However, in practice, judges usually award custody to the mother when the children are under the age of 10 years. It is only in extreme cases that the father gets to win the custody of children of tender age.

Property

Property acquired during the marriage can be a subject of conflict during the marriage as either party can lay claim to such. It is even more difficult when both parties contribute to the development of the said property. Property ownership can be defined even during a marriage.

Spousal and child Maintenance

This can be awarded based on the income of the parents while the marriage is subsisting. Couples should always put the best interest of their children ahead of any misunderstanding they might have. The children should not be allowed to suffer from the inability of their parents to get along. All parents should endeavour to do the best for their children and should not wait for court orders to perform basic functions.

Negotiation

Going through the divorce process can get emotional and lengthy. If there is a possibility that the parties could come to an agreement on their own. With the advice of their lawyers, a content judgement can be got. This type of proceeding saves time and reduces the level of animosity

Finally, consult a good family lawyer for expert advice on.

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