Nigerian lawyer, Barrister Daniel Robinson, has shed light on the financial entitlements available to couples during divorce proceedings, explaining why spending several years in a failed marriage does not automatically qualify either spouse for compensation.
The legal practitioner addressed the issue in a video circulating on social media, where he challenged the belief that a woman can demand millions of naira from her husband simply because she spent many years in a marriage that eventually collapsed.
To explain his position, Robinson presented a hypothetical situation involving a woman who had been married for 18 years but had lived separately from her husband for the last five years.
According to the scenario, the woman was considering ending the marriage and wanted to demand ₦15 million from her husband as compensation for the years she believed she had wasted.
Reacting to the situation, Robinson questioned why the woman should automatically receive compensation without considering the husband’s experience in the marriage.
He pointed out that the man could equally argue that he had also invested 18 years of his life in a relationship that did not work out.
The lawyer explained that the appropriate legal provision in such circumstances is maintenance, commonly referred to as alimony, rather than automatic compensation for the number of years spent in a failed marriage.
He further clarified that maintenance is not exclusively for women, as either a husband or wife can approach the court for financial support, depending on their financial circumstances.
According to him, the court examines the financial positions of both parties before deciding whether maintenance should be granted and the amount involved.
Giving an example, Robinson explained that a woman who earns ₦2 million monthly could be ordered to provide financial support for her husband if he earns just ₦1 million, provided the circumstances justify such an arrangement.
He added that men also have the right to seek financial maintenance from their wives during divorce proceedings.
“These days, men are still asking for maintenance in courts,” he said.
Robinson emphasised that the law does not automatically favour one gender over the other, urging people to understand that financial provisions during divorce are not reserved for women alone.
The lawyer also addressed the issue of adultery-related damages, explaining that the law makes provisions for a spouse to seek damages against a third party accused of having an affair with their husband or wife.
He referenced Section 31 of Nigeria’s Matrimonial Causes Act, which allows either a husband or wife to claim damages against a person alleged to have committed adultery with their spouse, subject to the conditions stipulated by law.
He noted that such claims must meet specific legal requirements, including proof of adultery and the granting of a divorce on adultery-related grounds.
The provision also places a three-year limitation on claims relating to adultery, subject to the applicable legal conditions.
Robinson encouraged couples contemplating divorce to familiarise themselves with the relevant laws rather than make financial demands based on assumptions about their legal rights.
He also urged social media users to share his video to educate others about the financial rights and responsibilities of spouses when a marriage comes to an end.
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