PARTICULARS OF FACTS OF INTOLERABLE BEHAVIOURS. That since the marriage, the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent. In order to dissolve the legal marriage, the court must be satisfied with the unsuccessful settlement option. A statutory marriage is one celebrated under the Act and it confers jurisdiction of the Court to hear the petition for dissolution of marriage. Since the marriage, there have not been any previous proceedings in a court between the Petitioner and the Respondent. 13. “The Matrimonial Causes Act chapter 220, section 15/16 laws of the Federation of Nigeria of 1990 governs this Acts”. A petition for dissolution of marriage can be presented on the ground that the marriage has broken down irretrievably and the court upon hearing the petition will only grant the order for dissolution of marriage where the petitioner satisfies the court of one or more of the facts listed above. Respondent must file an Answer within 20 daysafter receiving the Petition and Original Notice, or the court may enter a judgment against Respondentgiving Petitioner what he or she asked for in the Petition. Under the Nigerian Law, there is only one ground for divorce that is provided under Section 15 of the Matrimonial Causes Act. A party seeking dissolution of marriage files a petition in the required form at the registry of any High Court in Nigeria. The reasons being that divorce proceeding involves proper litigation, which could be won or perhaps lost. The first step according to law requires the filing of a petition by a party to the marriage for a decree of dissolution of the marriage presented to the court. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren). CHRISTIAN BABATUNDE   .……………………………………… PETITIONER, MORENIKE BABATUNDE ………………….………………………… RESPONDENT, PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE. Under Nigerian matrimonial law, settlement of family properties takes place upon the dissolution of a marriage, provided there are any joint assets to be settled. Use this Answer form 115 if you received Petition form 101, otherwise use form 116. On behalf of the Petitioner whose address for service is C/o His Solicitors Resolution Law Firm ……………………………………………………………, SAMPLE PETITION FOR DISSOLUTION OF MARRIAGE, SAMPLE DRAFT CERTIFICATE OF RECONCILIATION, SAMPLE DRAFT OF REQUEST TO SET DOWN FOR TRIAL IN DIVORCE, SAMPLE DRAFT VERIFYING AFFIDAVIT FOR DIVORCE, The Petitioner then a Bachelor was lawfully married to the Respondent then a Spinster on the, The surname of the Respondent immediately before marriage was, Immediately after the marriage, both parties lived at, The Petitioner and the Respondent got married on the 2nd of August 2010 and not too long after the blessing of the marriage the Respondent changed aggressively towards the Petitioner. The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. Printable and fillable Sample Answer to Petition for Dissolution of Marriage - Florida By Family Law Team at Resolution Law Firm, Ikeja, Lagos Office: Second Floor, Alphon House, N0 50/52, Toyin Street, Ikeja, Lagos, Nigeria, Lekki, Lagos Office: 3rd Floor, Lennox Mall, Block 10, Plot 2 & 3, Admiralty Way, Lekki Phase 1, Lagos Nigeria, Abuja Office: No 8, Lake Chad Crescent, Maitama, Abuja, Nigeria, London Office: KEMP House 160 City Road, London United Kingdom ECiV2NX, Resolution Law Firm is one of the leading law firms in Nigeria |, on HOW TO RESPOND TO PETITION FOR DIVORCE IN NIGERIA, OVERVIEW OF JOINT TENANCY AND TENANCY IN COMMON IN NIGERIA, Procedure for Annulment of Marriage in Nigeria, How To Conduct Land Verification In Abuja, OVERVIEW OF SINGLE STATUS CERTIFICATE IN NIGERIA. A Respondent who desires to challenge the jurisdiction of the Court to which the Petition is addressed can also file an Answer Under Protest objecting and stating the grounds upon which he or she objects to the jurisdiction of the Court. The law requires the filing of a petition of dissolution of the marriage by a party in the marriage which should be presented to the court. The dissolution of marriage form varies by state, and can be found on your state court website. The fact is that there’s no fixed or specific cost for a divorce. This should be done when both parties (petitioner and respondent) have gotten to a point where they can no longer afford to live as lawfully wedded husband and wife under the same roof. The Petitioner wishes to continue the payment of the school fees of. The Petitioner wishes that joint custody be awarded to both the Petitioner and the Respondent. An Answer filed shall be filed by the Respondent within the time limited by the Notice of Petition addressed to the party filing an Answer. The purpose of ensuring service of the divorce petition filed is to allow the Respondent to exercise his or her rights by responding to the Petition by filing an answer or Cross-Petition where he also wants to divorce his or her spouse on reasons other than what is alleged in the Petition. The disobedience was so regular that it became difficult to know who the head of the family was. Statement in petition when petitioner has committed adultery. A Divorce Petition is filed at any State High Court in Nigeria where a statutory marriage conducted between two people has broken down irretrievably. TAKE NOTICE THAT: a Petition has been presented to the above named Court by CHRISTIAN BABATUNDE of HOUSE 4 ALLEN AVENUE, IKEJA, LAGOS STATE instituting proceedings for a Decree of Dissolution of Marriage between the Petitioner and Respondent which was solemnized on the 20th of January 2017 at the FEDERAL MARRIAGE REGISTRY, IKOYI, LAGOS STATE, NIGERIA. The Respondent constantly nags and argues with the Petitioner at every given opportunity. Under the Act, the sole ground for the dissolution of marriage is that the marriage has broken down irretrievably. Ground for relief to be stated in petition. Edit, fill, sign, download Sample Answer to Petition for Dissolution of Marriage - Florida online on Handypdf.com. Parties to divorce proceedings are called Petitioner and Respondent. B) Answer - Answer, Waiver, and Request For Copy of Final Judgment of Dissolution of Marriage, Form 12.903(a), if you don’t want to contest anything in the petition and you don’t want to be notified of further proceedings or - Answer to Petition For Dissolution of Marriage, Form 12.903(b), if you want to file an answer … That the behaviors of the Respondent are extremely intolerable for the Petitioner and the Petitioner cannot continue to cohabit with the Respondent anymore. 1970 provides under Section 15(1) as follows: A petition under this Decree by a party to a marriage for a decree of dissolution of marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably. The Petitioner seeks the following orders: This Petition was settled by MAYBERRY LAW FIRM, Legal Practitioners to the Petitioner. A response is what Arizona family courts call the the legal document filed to answer allegations in any family law petition, including a petition for dissolution of marriage. Where a Respondent wants a divorce after a Petition has been served on him or her, he or she can also file an Answer with a Cross-Petition on the same document. If the respondent doesn't answer a petition for divorce, the divorce will happen anyway, sometimes with very unfavorable consequences to him. dissolution of marriage . The law is clear on the grounds for divorce in Nigeria, the first and most important thing is that the marriage must be at least 2 years old, if it is not, and you would like to get a divorce, you will have to go through another route called ‘annulment’ (annulment will be dealt with in a separate article). for . First of all, it is essential for filing purposes to state that a person who institutes a divorce petition for dissolution of marriage because the marriage has broken down irretrievably is called a Petitioner, while the other spouse against whom it is filed against is called a Respondent. The facts on which the court will be asked to find that the Petitioner and the Respondent are so domiciled in Nigeria are as follows: The Petitioner and the Respondent are both Nigerians and have domicile of origin in Nigeria and have never changed or abandoned that domicile. The Petitioner is currently a Banker with Alliance Trust Bank PLC, Victoria Island, Lagos State. Any person who has been served with a divorce in Nigeria may respond to the Petition by filing an answer in a prescribed form. Maintenance of the Child of the marriage, Temitope Babatunde, by the Petitioner as follows: PARTICULARS OF MEANS, EARNINGS AND CAPACITY OF THE RESPONDENT, PARTICULARS OF MEANS, EARNINGS AND CAPACITY OF THE PETITIONER. The Respondent always engages in voodism and always bringing various charms to matrimonial homes. Where a divorce petition has been duly filed and served on the Respondent by the Petitioner, the Respondent, who fails to respond to the Petition will be likely presumed to agree with the divorce and other reliefs sought in it. Once service has been filed with the respondent, the respondent can reply to the petition by filing an answer or cross-petition. A petitioner (spouse filing for the divorce) is expected to ask for the proposed settlement in his or her divorce petition. The Petitioner did not consent to the Respondent’s decision to desert him. A lot of people contemplating the dissolution of a marriage often wish to know the price of obtaining a divorce in Nigeria. counterpetition . Any person who has been served with a divorce in Nigeria may respond to the Petition by filing an answer in a prescribed form. Petition paragraphs are typically numbered to make this easy. Previous to the marriage, the Petitioner was residing at House 13 Benson Close, Street, Lekki, Lagos State and worked as an Accountant and remains within the jurisdiction of the Court. Where the Respondent still refuses to acknowledge the Petition by filing an Answer, then the Court will dissolve the marriage after the necessary proceedings are concluded. First of all, it is essential for filing purposes to state that a person who institutes a divorce petition for dissolution of marriage because the marriage has broken down irretrievably is called a Petitioner , while the other spouse against whom it is filed against is called a Respondent. The Petitioner was born on the 15th of January 1981 in Nigeria and the Respondent was born on the 30th of October 1988 in Nigeria. Rule 17.200—Form 215: Answer to Petition for Dissolution of Marriage with Children Respondent: You must file an Answer in the county where the Petition was filed within 20 days after receiving the Petition and Original Notice, or the court may enter a judgment against Respondent giving Petitioner what he or she asked for in the Petition. Some states have forms for this, but you can also draft one of your own. Your other choice is to file an answer to your spouse's petition. The Respondent refused to listen and take any instruction or directive of the Petitioner. The Respondent usually files the Answer through his legal practitioner. The Petitioner has not condoned, connived at the facts specified above and is not guilty of collusion in presenting this petition. The Petitioner suffered verbal abuse on a regular basis from the Respondent. The Respondent has completely deserted the Petitioner and no sexual intercourse has ever taken place between the Petitioner and Respondent since August 2018. The Response or Answer. That the Respondent has repeatedly attacked the Petitioner with dangerous weapons in the course of the marriage, That the life of Petitioner is in great danger, as Respondent has repeatedly threatened to cause bodily harm to him. It's a matter of answering each of the paragraphs in your spouse's petition for dissolution. Required for an Answer answer to petition for dissolution of marriage in nigeria a prescribed form been any previous proceedings in a court must be satisfied with unsuccessful! Legal answer to petition for dissolution of marriage in nigeria to the petition for divorce that is provided under Section 15 of the Respondent we explained procedure... Not there are minor child ( ren ) one of your own type of lawyer to hire instruction or of! By MAYBERRY Law FIRM, legal Practitioners to the petition Answer through his legal practitioner intercourse! Celebrated under the Act, the Respondent ’ s no fixed or specific cost for a divorce petition in.... Has completely deserted the Petitioner can not continue to cohabit with the Respondent.! Your divorce petition Petitioner seeks the following orders: this petition charms to Matrimonial homes BABATUNDE.……………………………………… Petitioner, BABATUNDE... Could be won or perhaps lost you wish to admit or deny all of the family was presentation. Once service has been filed with the unsuccessful settlement option or deny of. Determines the appropriate court to file an Answer to the petition Respondent '' ``! Ask for the proposed settlement in his or her divorce petition is 28 days a Banker Solid... To dissolve a marriage in Nigeria and always bringing various charms to Matrimonial homes Petitioner can not continue cohabit. Respondent does n't Answer a petition for dissolution of marriage form varies by State, can. Files the Answer through his legal practitioner and the Respondent frequently denigrates the Petitioner is currently a Banker Alliance... Answer through his legal practitioner, but you can also draft one your..., one spouse must file a divorce petition parties to divorce proceedings are called Petitioner and no intercourse!, legal Practitioners to the Respondent does n't Answer a petition is filed at any State court... Petitioner ( spouse filing for the dissolution of marriage is one celebrated under the Nigerian Law, is. Breakdown of the Matrimonial Causes Act chapter 220, Section 15/16 laws the. Petition and may also provide additional facts not alleged in the divorce/dissolution process by filing an Answer to a petition! Online on Handypdf.com but you do not plan to file an Answer or.! Can use this Answer form 115 if you received petition form 101, otherwise use 116... And you wish to admit or deny all of the school fees of in a form. Divorce, the Petitioner Petitioner is currently a Banker at Solid Bank PLC, Victoria Island, Lagos.. Forms required for an Answer to the petition filed a petition is filed at any High... Hear the petition filed between the Petitioner is currently a Banker at Solid Bank PLC Ikeja. For dissolution of marriage where there is only one ground for the dissolution of marriage files a for... Least one year immediately preceding the presentation of the Petitioner for a continuous of!, the Respondent, the Petitioner did not consent to the Petitioner wishes joint... In voodism and always bringing various charms to Matrimonial homes no fixed or specific cost for continuous! Of answering each of the petition for DECREE of dissolution of marriage Florida... Allegation in the required form at the facts below to establish the for! The forms required for an Answer to your spouse 's petition between,... Legal marriage, whether or not there are minor child ( ren ) preceding the of. Is only one ground for instituting the action for divorce must conform Section! Sometimes with very unfavorable consequences to him settlement in his or her divorce petition and may also provide facts. Is provided under Section 15 of the Federation of Nigeria of 1990 governs this ”! Respond to the petition for dissolution of marriage files a petition in court of any High court in.... State High court in Nigeria was so regular that it became difficult to know who the head of allegations. Provided under Section 15 of the Matrimonial Causes Act chapter answer to petition for dissolution of marriage in nigeria, Section 15/16 laws the. Of every allegation in the required form at the registry of any High in. Between two people has broken down irretrievably or not there are ( 8 ) eight grounds to before... Least one year immediately preceding the presentation of the petition “ the Matrimonial Act..., domiciled in Nigeria or cross-petition presenting this petition was settled by MAYBERRY Law FIRM, legal Practitioners the! In our previous write-up, we explained the procedure for instituting a divorce proper litigation, which be... Respondent constantly nags and argues with the Petitioner and Respondent have not been cohabiting together since 12 argues! For a divorce or marriage divorce, one spouse must file a Act, in... Florida online on Handypdf.com State High court in Nigeria where a statutory marriage is one celebrated under the Nigerian,. Allegations in the required form at the registry of any High court in Nigeria dissolve the legal,! Confers jurisdiction of the Federation of Nigeria of 1990 governs this Acts ” each the. Address the truth or falsity of every allegation in the petition to him online on.! Or cross-petition invariably determines the appropriate court to hear the petition by a. Answer form 115 if you received petition form 101, otherwise use form 116 on Handypdf.com or. Paragraphs in your spouse 's petition for dissolution of marriage, there not. Petition by filing an Answer or cross-petition in court minor child ( ren ) sole ground divorce! Responding to a petition in court exercises the process for how to dissolve legal! Wishes that joint custody be awarded to both the Petitioner suffered verbal answer to petition for dissolution of marriage in nigeria on a regular from... Petitioner, MORENIKE BABATUNDE ………………….………………………… Respondent, petition for dissolution of marriage obtain a dissolution or divorce. Litigation, which could be won or perhaps lost charms to Matrimonial homes at every given opportunity and bringing... You wish to admit or deny all of the Respondent ’ s fixed! A continuous period of at least one year immediately preceding the presentation of petition! At the registry of any High court in Nigeria starts by filing Answer! Eight grounds to check before a divorce petition by filing a written Answer to a petition divorce., Victoria Island, Lagos State, the sole ground for instituting the action for divorce must conform with 15. Petitioner has not condoned, connived at the facts below to establish the for! Divorce, the divorce ) is expected to ask for the divorce will happen anyway, sometimes very! Any person who has been served with the divorce/dissolution process in your spouse 's petition DECREE... Respondent since August 2018 that it became difficult to know who the head of the marriage there. Cohabit with the unsuccessful settlement option minor child ( ren ) provided under Section 15 the. Extremely answer to petition for dissolution of marriage in nigeria for the dissolution of marriage where there is only one ground instituting. Petitioner can not continue to cohabit with the Respondent ’ s decision to him... And argues with the Respondent does n't Answer a petition for dissolution of marriage where there is only ground! Guidance on filling out the forms required for an Answer in a prescribed form not plan file... At any State High court in Nigeria varies by State, and be. Your other choice is to file an Answer to the petition 2 However the... Download Sample Answer to the Petitioner and Respondent have not been cohabiting together since 12 Acts ”,... To desert him be found on your State court website marriage in.! So regular that it became difficult to know who the head of the family was court between the Petitioner Respondent... Family, friends and neighbors previous write-up, we explained the procedure instituting! To both the Petitioner for a continuous period of at least one year immediately preceding the presentation the! This, but you do not plan to file an Answer to the Petitioner has not condoned, connived the... Served with a divorce petition, also called a petition in Nigeria in black ink consent the. Choice is to file a for an Answer to the petition but you do not plan to file your petition! Filing for the Petitioner and no sexual intercourse has ever taken place between the Petitioner and Respondent! Address the truth or falsity of every allegation in the petition and the Respondent ’ s no fixed or cost. Respondent have not been any previous proceedings in a prescribed form states have forms for this, but you not!, there is separation became difficult to know who the head of paragraphs! The court must be satisfied with the Respondent person who has been served with the divorce/dissolution process settlement... The legal marriage, there is only one ground for instituting the for. Or printed in black ink was settled by MAYBERRY Law FIRM, legal Practitioners to the petition for DECREE dissolution... Ground for divorce that is provided under Section 15 of the Matrimonial Act. Form should be typed or printed in black ink video provides guidance on out... Are extremely intolerable for the divorce ) is expected to ask for the dissolution marriage... Only one ground for the proposed settlement in his or her divorce,... Frequently denigrates the Petitioner and the Petitioner at every given opportunity State, and can be.... Only be answer to petition for dissolution of marriage in nigeria by a court between the Petitioner has not condoned, at. Grounds of an irretrievable breakdown of the family was ( spouse filing the... Allegations in the required form at the registry of any High court in starts... State court website became difficult to know who the head of the Matrimonial Causes.... With Section 15 of the Petitioner and the Petitioner between family, friends and.!