PROPERTY SETTLEMENT IN A MATRIMONIAL PROCEEDING UNDER THE MATRIMONIAL CAUSES ACT 1970 OF NIGERIA

Abstract

Settlement of property is the transfer of property or part of a property which may be jointly owned to the other spouse. Like maintenance and custody, it is an auxiliary relief gran/ed during divorce proceedings. The power of the court to settle property is provided in Section 72(1) of the Matrimonial Cause Act 1970 with respect to statutory marriage. In addition to maintenance payments, custody and access rights, marital property is one of the matters over which angry divorcing spouses disagree and quarrel over. Either party to a marriage seeking a divorce can apply to the court alongside with the divorce petition for the settlement of properties. The Matrimonial Causes Act gives Nigerian courts discretion to achieve fairness in marital property settlement. In a plethora of cases relating to the dissolution of statutory marriage in Nigeria, the courts very often consider the issue of settlement of property strictly based on the financial contribution of parties to the acquisition of the property or properties in question. The Petitioner and or the Respondent are usually expected to lead evidence in proof of such contribution before proprie/ary interest before the family assets can be granted to him or her. I/ is settled lcm Ihar a person who claims to be lhe join,' owner of a property must be able 'o quantifi' his contribution. This rule of law the article argued should not be applied in a matrimonial proceeding wherein settlement of property is involved The article argued that application of proof of financial contribution is unfair unjust and inequitable considering that there is an existing relationship between the husband and the wife and thal there is a presumption of joint ownership of any property acquired while 'he marriage is subsisting. The article suggested therefore inter alia that that presumption should be applied strictly for the benefit of the spouses.