THE DESIRABILITY OF UNILATERAL NO-FAULT THEORY AS THE SOLE BASIS FOR DIVORCE OF STATUTORY MARRIAGES IN NIGERIA: A COMPARATIVE SURVEY

Abstract
Unilateral no-fault divorce principle permits one party to a marriage to terminate the marriage advancing no reason or proof other than that it has broken down irretrievably or that the parties in the marriage are incompatible. Utilising
the doctrinal approach; this paper probes into the viability of adopting the unilateral no-fault principle as the sole ground for dissolution of statutory marriages in Nigeria. The paper juxtaposed the provisions of unilateral no-fault
divorce in the statutes of the United Kingdom, Australia and Nigeria in a comparative manner to discover the characteristic similarities and differences in the laws with the aim of articulating and enhancing the principle more
adequately. The research finds that issues as to qualification for the applicability of the principle is dependent upon socio-cultural nuances which dictate a state’s readiness to adopt the principle.

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