1. What does the Law say about spousal support?

Does the wife automatically get maintenance? Absolutely not. In Section 70-72 of the Matrimonial Causes Act (MCA), a court may order one spouse to maintain the other. But this isn’t automatic, the court looks at very practical things like:

· Who has money?

· Who has responsibilities?

· Who is behaving reasonably?

· What do the children need?

The court can even consider the conduct of the parties but only when it is serious and obvious.

In this case, if Bimpe can earn money and the husband is already paying the bills, the court won’t force him to start “maintaining” her on top of everything else. In Odusote v Odusote (2012), the court emphasized that spousal support is based off on the financial capacity of the party responsible for payment, and based on need, not punishment.

Courts also consider Section 69 of the Matrimonial Causes Act, which empowers them to make interim maintenance orders during proceedings. This ensures that neither spouse suffers undue hardship while the case is pending.

2. Child Custody: Who gets the kids?

Here’s where the law is very strict though, under Section 1 of the Child Rights Act, the child’s best interest must always come first. This means the court would look at:

· Who provides stability?

· Who pays the bills?

· Who behaves better?

· Who can give the children a healthy emotional environment?

· And the moral character of each parent.

This has been tested and constantly applied as in Alabi v Alabi, where the Legal position of the Courts held that while traditional or customary law may allow preferences, such as a father’s right to custody of a legitimate child, these preferences come after the main principle of the child’s best interest. This principle is set out in the Matrimonial Causes Act and the Child’s Rights Act. Courts look at each case based on its specific facts to make sure the child’s well-being is prioritized.

3. Does the Law favour either parent?

In short NO. In older times people always believed and instantly assumed that children always go to the mother. That was Cultural thinking, not the legal perspective.

Today, the courts are very clear: The law favours the children, not the parents. If the father is more stable, he can get custody. If the mother is more stable, she can get custody. If both are stable, the court may grant joint custody. Cases such as Alabi v Alabi and Odusote v Odusote reinforces that gender is irrelevant; the overriding principle remains the child’s welfare.

4. How long must you be separated before you can divorce in Nigeria?

Now here’s the part people misunderstand, under Section 15(2) of the Matrimonial Causes Act, there actually are several facts that prove that a marriage has broken down irretrievably and separation is one of them.

So, it happens in two ways, if the Separation has occurred for at least 2 years, and the other spouse does not oppose the divorce, the court grants it. If the couple has lived apart for at least three years, the court can grant a divorce even if the other spouse objects it.

Their three-month separation is not enough to use as a ground of divorce. In addition to separation, other statutory grounds under Section 15(2) MCA include adultery, cruelty, desertion, and intolerable behaviour. These can be pleaded alongside separation to strengthen a petition.