The Theory of Divorce and the Christians Concept of no Divorce in Contemporary Nigeria Society (Published)
The legal framework for the dissolution of marriage in Nigerian is the Matrimonial Causes Act. The Act came into force to cater for the dissolution of marriages and other reliefs such as custody of the children, maintenance, settlement of property etc. The significance of the Act is that, the lone ground to which a divorce can take place is where the marriage has broken down irretrievably. Dissolution of marriage is discharging the couples of their matrimonial duties owed to each other in order to preserve the stability of men. Although, some Christian denominations have kicked against dissolution of marriage, seeing it as an aberration, a mistake in our laws, and a frustration of the purpose of God concerning marriage. But it is obvious that, the essence of the dissolution of marriage is not to separate willing couples but unwilling ones. This study is focused on the theory of divorce and the Christian concept of no-divorce in contemporary Nigeria society. The study examines: the theories of divorce and the statutory concept of divorce in Nigeria, the concept of no-divorce and associated challenges. The study observed that the legal framework of divorce in our nation is based on the fault theory of divorce while due to the no divorce theory of the Christian Church, couples who suffer from violence and other social abuses are compelled to live in the marriage union at the risk of their lives. The study therefore recommends that, the no fault divorce theory be introduced while the Church should also relax her no-divorce concept in the face of life-threatening issues.
Keywords: Christians concept of no divorce, contemporary Nigeria society, theory of divorce