By Funmilayo Olagunju

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Contrary to a popular misconception, marriage in Nigeria can not be dissolved or terminated by mere signing of ‘divorce papers’ . As a matter of fact, there is technically nothing called a divorce paper.

A party who is willing to dissolve his/her marriage or otherwise dissatisfied is called a petitioner. The petitioner through his/her Lawyer will file a petition in the Court to commence the proceeding seeking appropriate reliefs. The Law protects the sanctity of marriage and is never in a hurry to dissolve a marriage. Dissolution of marriage (divorce) is not by signature.

Reconciliation is the first matrimonial relief contained in Part II of the Matrimonial Causes Act , Section 11 precisely.

When a matrimonial cause is brought before the court, it is the duty of the court  to give consideration for reconciliation.

In furtherance of prospective reconciliation, the Court may:

i. Adjourn the proceeding to afford parties opportunity to reconcile.

ii. The Court may interview the parties with their consent in the Judge’ chambers with a view to initiate reconciliation.

iii. The Court may assign a marriage conciliator or a trained person with a view to effecting reconciliation.

After a period of time not less than 14 days after the adjournment, either of the parties may request for the hearing to proceed if reconciliation is not attained nor desired. The Judge may proceed or the matter may be assigned to another Judge.

A judge who has served as a conciliator for parties who are unable to reconcile shall ordinarily not serve as a Judge in the hearing of the matter except at the request of the parties.

Evidence of anything said or admitted during an attempt to initiate reconciliation is not admissible in any Court or in a proceeding.

A marriage conciliator is expected to act in good faith and utmost confidentiality. A conciliator shall make and subscribe to an affidavit, an oath or affirmation of secrecy before entering into the performance of his duty.

“Blessed are the peacemakers, for they will be called children of God”

Matthew 5:9 (NIV).