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Divorce can be one of the most difficult experiences a person ever faces. Statistics suggest that nearly half of all marriages end up in divorce. Whether you walked out or pushed out of your marriage, remember you have invested so much in it. Don’t suffer emotional trauma, loss of joy and still let your spouse go with what you laboured for especially if your partner took advantage of a simple mistake or misfortune to end the relationship.
  Before marriage, a spouse may have acquired some assets and may have acquired some other assets jointly with the partner during marriage. Unfortunately our patriarchal culture makes women losers when marriage irretrievably breaks down. One of the most priced assets the husbands usually go for is the matrimonial house and other landed properties which are jointly acquired by the spouses during marriage.
  Spouses have equal rights to such assets by virtue of marriage under The Matrimonial Cause Act. It provides that married women enjoy equal rights to the family assets acquired during the marriage and to be involved in their disposal during or after the marriage. The Act does not protect Islamic and customary marriages as different laws apply to them.
  Chapter 4 of the Constitution of the federal Republic of Nigeria; and many international instruments provides rights to own property.  Article 7 of the Protocol to the Charter on Human and Peoples Rights on the Rights of Women in Africa provides for both parties of a marriage to enjoy equal rights within and after the marriage, in issues of custody and access to an equitable share of the joint property derived from the marriage.
  Under the Act, settlement of property is based on what the court considers to be “just and equitable in the circumstances of the case” for the benefit of any or all of the parties involved. However the court would usually require evidence of direct or indirect contribution of each spouse in acquisition of the assets.
  A spouse who feel short-changed in divorce settlement should demand his/her rights through the court. Where joint landed property is in issue, a spouse may be required to buy the other spouse’s equity in the property, which is measured by the value of the house minus any mortgages owed on it. A spouse might be able to “trade” assets.
  After divorce, no spouse should abandon his/her right to property jointly acquired during marriage.  
If you need assistance in contacting a lawyer, write to write@nowayobloggers.com/law or call 08186718454 and we would be glad to match you with a lawyer who meets your requirements.
  Lawclinic wish its followers and fans of Nowayobloggers a happy new year

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