Global Journal of Arts, Humanities and Social Sciences (GJAHSS)

An Appraisal of the Ancillary Reliefs in Dissolution of Marriages Contracted Under the Marriage Act

Abstract

Ancillary reliefs in dissolution of marriages contracted under the Act are very salient and of great importance to be put into consideration by the Court in determination of the main relief which is the divorce itself. This articles examines the various types of ancillary reliefs as provided for in The Matrimonial causes Act, 2004, considering the various factors the court will put into consideration in granting these ancillary reliefs. The method of research adopted in this article is the non-doctrinal method. In the examination of the ancillary reliefs and the factors the court put into consideration in granting same, the article aims to give a clearer understanding of the ancillary reliefs, the factors the court usually put into consideration in granting same and persons who are entitled to same and the effects of same. The article made findings that Custody of the children of the marriage which is one of the ancillary reliefs is not granted as compensation to one party or as punishment to the other party even though tender children and female children are most likely to be left with their mothers. In all, the court will at all material time look at the paramount interest of the children of the marriage. Maintenance and settlement of properties can be made in favour of either spouse and in respect of children who have not attained the age of 21 years, there are special circumstances in which the court can still make such orders in favour of the children of the marriage who have attained 21 years and above. This article recommends that the guide line in Sec 25 of the MCA should be revised to give greater emphasis to the provision of adequate financial support for children which should be an over-riding priority and to the importance of each party doing everything possible to become self-sufficient.

Keywords: Maintenance, ancillary reliefs, custody, dissolution of marriage, settlement of properties

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This work by European American Journals is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 4.0 Unported License

 

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Email ID: editor.gjahss@ea-journals.org
Impact Factor: 8.80
Print ISSN: 2052-6350
Online ISSN: 2052-6369
DOI: https://doi.org/10.37745/gjahss.2013

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