DISSOLUTION

Although marriage is a legal institution used in solving marital instability, in most cases, it creates complex challenges with regard to children welfare and protection. The Matrimonial Causes Act (MCA) forms the main legislative foundation of divorce, separation and ancillary reliefs in the Nigerian legal system. But the overlap of the Act with the rights of the child, especially as expressed in the Child Rights Act 2003 and the global provisions like the UN Convention on the Rights of the Child is a serious subject of academic interest. This paper discusses how the MCA is sufficient to protect the rights of children both during and after dissolution processes. It questions the law-making principles on custody, maintenance, access and guardianship as well as evaluates the discretion of the judiciary and the overall importance of the best interests of the child. Through the case law, statutory provisions and comparative outlook, the study brings to the fore both the weaknesses and strengths of the matrimonial jurisprudence in balancing the interests of parents and child welfare in Nigeria. The paper contends that although the MCA offers a legal framework in the ancillary relief it lacks adequate incorporation of child centered provisions, hence there is a need to reform the laws to align the family law with the laws of children rights. Finally, the paper highlights the necessity of more comprehensive and rights-oriented approach to matrimonial conflicts with an aim at preserving dignity, welfare, and future of the child

The dissolution of statutory marriage in Nigeria is governed by the Matrimonial Causes Act, which recognises irretrievable breakdown of marriage but still requires proof of fault facts. This requirement has generated significant legal and practical challenges, particularly in relation to desertion, which remains one of the most technical and contentious fault facts. Desertion consists of the willful and unjustified cessation of matrimonial cohabitation by one spouse without consent, reasonable cause, and with the intention of permanently terminating cohabitation. This study examines the problems of fault facts in the dissolution of statutory marriage in Nigeria, with a specific focus on desertion. The objectives of the study are to examine the conceptual and theoretical foundations of marriage and its dissolution, analyse the legal and institutional framework governing dissolution of statutory marriage in Nigeria, and critically evaluate desertion as a fault fact, including its elements, statutory requirements, and evidential challenges. The study further assesses judicial attitudes and relevant case law on desertion, as well as the broader implications of a fault-based divorce regime. The study adopts a doctrinal research methodology, relying on statutory provisions, judicial decisions, textbooks, and scholarly literature. The study finds that the technical requirements for proving desertion, particularly animus deserendi and the absence of justification, often frustrate genuine claims and prolong irretrievably broken marriages. It concludes by recommending a reconsideration of the continued reliance on fault facts under Nigerian matrimonial law in favour of a more flexible and realistic approach to marital breakdown.