Divorce

Before ‘I Do’: Examining the Legality and Enforceability of Pre-Nuptial Agreements in Nigeria (Published)

Marriage is a contractual union between two consenting persons, traditionally intended to endure for life without contemplation of separation or dissolution. However, contemporary social and economic realities have made it increasingly necessary for couples to protect assets owned prior to marriage as well as those acquired during the subsistence of the marriage. This development has led to the growing use of prenuptial agreements, which provide for the ownership and distribution of assets in the event of marital breakdown or dissolution. This study adopts a doctrinal research methodology to undertake a comparative analysis of the legal framework governing prenuptial agreements in Nigeria and other African countries. The study reveals that Nigeria presently lacks a comprehensive statutory framework regulating prenuptial agreements, whereas South Africa has a well-established legal regime that expressly recognizes and governs such agreements. The study concludes that prenuptial agreements should not be viewed as an indication or anticipation of marital failure, but rather as a practical legal mechanism for asset protection, certainty, and the prevention of disputes, confusion, and acrimony in the event of separation or divorce. It therefore recommends that the Matrimonial Causes Act in Nigeria be amended to incorporate provisions similar to those contained in the Matrimonial Property Act, thereby recognizing prenuptial agreements as an integral aspect of marriage contracts.

Keywords: Divorce, Marriage, agreement

Divorce Mediation in Islamic Religious Court in the Era of Covid-19 Pandemic (Published)

Divorce is considered a very difficult process in a family. Societies and religious courts work hand in hand to prevent divorce. However, in some cases, divorce can not be avoided due to various social, psychological, and economic problems. As such, to prevent divorce, religious courts provide mediation programs to persuade couples to divorce. During the Covid-19 pandemic, the divorce rate increased, and mediation has been intensively practiced by the religious courts to reduce the divorce rate. However, limited studies have been conducted to understand how mediation is practiced at religious courts during the Covid-19 pandemic. This study uses a qualitative approach to examine the implementation of divorce mediation in a religious court within a regency in Indonesia. Data was gathered through in-depth interviews and direct field observation. Written materials were also analyzed to understand the case. The results of this study show that the implementation of mediation in divorce during the Covid-19 pandemic in the Regency Religious Court was implemented in two stages, namely the stage before mediation and the implementation of mediation. In carrying out mediation, the caucus and virtual methods have been chosen as two methods of divorce mediating in the era of the Covid-19 pandemic. The two methods have transformed in response to the pandemic and new technological advancements. The transformation is considered relevant to Islamic law and principles. This means religious courts and Muslim societies are responsive to new technological development.

Keywords: COVID-19 pandemic, Divorce, Islamic Law, Mediation, religious court

Women and Gender Equality in Chinese Law Today (Published)

The path towards equality of the sexes before the law has been a long road for China; one whose twists and turns have been sharp and crooked, and whose dips and crevices have been deep.  China has made great strides down this road, but there is much ground yet to cover.  Women in the world of Chinese law today are far better off than their counterparts a generation, or even a decade, ago; yet true gender equality has yet to be achieved.  This paper analyzes the status of women in the law in China.  It takes the form of a literature review of both Chinese and English language sources on the subject, drawing primarily from scholarly journals analyzing the subject going back as far as the late 1800s.  This paper looks primarily at the status of women in the legal academy and profession, but also delves into the world of civil (that is, family or domestic) law in China and the current situation of the average female litigant in disputes in this area.  In both instances, the status of women has been found to be disadvantaged in comparison to that of men.  The literature finds that the laconic state of women persists today largely due to entrenched cultural norms and perspectives regarding the role of women as subordinate to men, pressures resulting from a China that has and continues to undergo massive societal and economic transition, and uniquely also from modes and norms of communication and power-sharing (such as “guānxī” and “face”) that seem to disadvantage women socially.  These factors act as a countervailing force against more progressive trends that seek to build a more inclusive legal world for women in China, whether stemming from the rhetoric of the Communist Party or from the newer free market model which China has adopted.  Progress towards gender equality in the law in China has been substantial, but is still wanting.

Keywords: Divorce, Feminism, Law, Women