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Editor's note: In this piece, Fatima Waziri-Ibrahim, a household instrumentality ineligible practitioner, explores the contented of plus concealment successful Nigerian marriages and offers applicable steps for ensuring just spot distribution. Her penetration stems from a caller story astir however men can debar dividing spot during divorce, drafting attraction to the request for stronger protections.
Asset concealment successful matrimony is simply a important interest that tin undermine spot and fairness wrong the marital union. In Nigeria, the ineligible model provides respective measures to support a spouse's rights to shared spot during marriage.
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By taking these steps, spouses tin safeguard their rights and beforehand fairness successful the absorption of shared property.
1. Understand the Legal Framework
The Matrimonial Causes Act (1970) is simply a cardinal authorities that governs spot rights successful statutory marriages. Section 72 empowers courts to guarantee the equitable colony of spot successful cases of disputes. Customary marriages, however, whitethorn not connection the aforesaid level of protection, arsenic spot rights are governed by accepted laws.
2. Maintain Transparency
Spouses should guarantee unfastened connection astir assets acquired during the marriage. Keeping elaborate records of jointly acquired spot tin beryllium important successful lawsuit of disputes.
3. Seek Legal Advice
Consulting a household instrumentality adept tin assistance a spouse recognize their rights and obligations nether the Matrimonial Causes Act and different applicable laws. This includes provisions for equitable colony of spot during divorce.
4. Consider Prenuptial Agreements
While not communal successful Nigeria, prenuptial agreements tin supply clarity connected spot ownership and distribution, reducing the hazard of concealment.
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5. Monitor Financial Transactions
Regularly reviewing fiscal statements and spot documents tin assistance place immoderate discrepancies oregon attempts astatine concealment.
6. Leverage Legal Remedies
In cases of suspected plus concealment, a spouse tin question redress done the courts. The Matrimonial Causes Act empowers the tribunal to guarantee conscionable and equitable colony of property.
Disclaimer: The views and opinions expressed present are those of the writer and bash not needfully bespeak the authoritative argumentation oregon presumption of Legit.ng.
Fatima Waziri-Ibrahim is a detail-oriented and resourceful household instrumentality ineligible practitioner with 7 years of acquisition successful the ineligible field. She excels successful processing compelling arguments and achieving just results. Nominated to service arsenic a justice successful the 2024 International Bar Association/International Criminal Court Moot Court Competition, she presently works arsenic the Legal Officer for an Honorable Judge astatine the High Court of Lagos State, Lagos division.Meanwhile, Legit.ng sought notable lawsuit instrumentality wherever the Nigerian courts person addressed spot rights and spousal entitlements successful marriage.
In Odusote v. Odusote (2011), the Nigerian Court of Appeal, Abuja part ruled that a spouse’s publication to a marriage—whether fiscal oregon otherwise—entitles them to a stock of the property, adjacent if their sanction is absent from ownership documents.
Similarly, successful Oghoyone v. Oghoyone (2010), the tribunal stressed fairness successful spot distribution, preventing 1 spouse from unjustly claiming exclusive ownership.
In Adejumo v. Adejumo (2010), the Nigerian Court of Appeal ruled that a spouse's close to fiscal enactment indispensable beryllium protected, awarding important attraction to the woman and kid aft grounds of abandonment and cruelty. This reinforces that spouses should not hesitate to question ineligible remedies erstwhile fiscal concealment oregon neglect occurs during matrimony breakdowns.
Source: Legit.ng
