The Concept of Unilateral Divorce in Nigeria: Reviewing Bibilari v Bibilari

Abstract

This paper examines the decision in Bibilari’s case, particularly as it relates to the issue of unilateral divorce and custody of children in divorce cases. The paper reveals that the no-fault/unilateral divorce theory, which is a radical departure from the matrimonial offence theory, could, as exemplified by Bibilari’s Case lead to harsh effects. The paper recommends an amendment to the law and an adoption of a procedure requiring a petitioner to furnish proof that he/she had indeed tried to save the marriage. The paper further appraises the personality and character of spouses’ principle in determining custody as applied in Bibilaris’s case and enjoins the adoption as one of the determinants of custody in divorce cases.