Protecting Spousal Rights: Safeguarding Property During Divorce, By Fatima Waziri-Ibrahim
Editor's note: In this piece, Fatima Waziri-Ibrahim, a family law legal practitioner, explores the issue of asset concealment in Nigerian marriages and offers practical steps for ensuring fair property distribution. Her insight stems from a recent story about how men can avoid dividing property during divorce, drawing attention to the need for stronger protections.
Asset concealment in marriage is a significant concern that can undermine trust and fairness within the marital union. In Nigeria, the legal framework provides several measures to protect a spouse's rights to shared property during marriage.
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By taking these steps, spouses can safeguard their rights and promote fairness in the management of shared property.
1. Understand the Legal Framework
The Matrimonial Causes Act (1970) is a key legislation that governs property rights in statutory marriages. Section 72 empowers courts to ensure the equitable settlement of property in cases of disputes. Customary marriages, however, may not offer the same level of protection, as property rights are governed by traditional laws.
2. Maintain Transparency
Spouses should ensure open communication about assets acquired during the marriage. Keeping detailed records of jointly acquired property can be crucial in case of disputes.
3. Seek Legal Advice
Consulting a family law expert can help a spouse understand their rights and obligations under the Matrimonial Causes Act and other relevant laws. This includes provisions for equitable settlement of property during divorce.
4. Consider Prenuptial Agreements
While not common in Nigeria, prenuptial agreements can provide clarity on property ownership and distribution, reducing the risk of concealment.
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5. Monitor Financial Transactions
Regularly reviewing financial statements and property documents can help identify any discrepancies or attempts at concealment.
6. Leverage Legal Remedies
In cases of suspected asset concealment, a spouse can seek redress through the courts. The Matrimonial Causes Act empowers the court to ensure just and equitable settlement of property.
Disclaimer: The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of Legit.ng.
Fatima Waziri-Ibrahim is a detail-oriented and resourceful family law legal practitioner with seven years of experience in the legal field. She excels in developing compelling arguments and achieving fair results. Nominated to serve as a judge in the 2024 International Bar Association/International Criminal Court Moot Court Competition, she currently works as the Legal Officer for an Honorable Judge at the High Court of Lagos State, Lagos division.
Meanwhile, Legit.ng sought notable case law where the Nigerian courts have addressed property rights and spousal entitlements in marriage.
In Odusote v. Odusote (2011), the Nigerian Court of Appeal, Abuja division ruled that a spouse’s contribution to a marriage—whether financial or otherwise—entitles them to a share of the property, even if their name is absent from ownership documents.
Similarly, in Oghoyone v. Oghoyone (2010), the court stressed fairness in property distribution, preventing one spouse from unjustly claiming exclusive ownership.
In Adejumo v. Adejumo (2010), the Nigerian Court of Appeal ruled that a spouse's right to financial support must be protected, awarding substantial maintenance to the wife and child after evidence of abandonment and cruelty. This reinforces that spouses should not hesitate to seek legal remedies when financial concealment or neglect occurs during marriage breakdowns.
Source: Legit.ng
