LEGAL MEASURES FOR POST-DIVORCE SETTLEMENT OF PROPERTIES AND MAINTENANCE IN NIGERIA

Abstract

The dissolution of marriage frequently gives rise to complex legal disputes relating to the settlement of matrimonial property and the maintenance of former spouses and children. The resolution of these post divorce issues remains a significant challenge due to statutory limitations, judicial inconsistencies, socio economic realities, and the absence of a comprehensive regime for equitable distribution of matrimonial assets in Nigeria. This study analyses the legal measures governing post-divorce settlement of properties and maintenance under Nigerian law, with particular emphasis on the Matrimonial Causes Act and judicial precedents. The study investigates the extent to which existing legal frameworks protect the proprietary and maintenance rights of parties following the dissolution of marriage. It also evaluates the effectiveness of judicial discretion in achieving fairness and justice. In carrying out this study, doctrinal research methodology spiced with analytical approach is ready to hand, relying on primary sources such as statutes and case law, as well as secondary sources like textbooks, journal articles, scholarly commentaries and internet materials. The study reveals that while Nigerian courts possess considerable powers to make orders relating to maintenance and property settlement, the absence of clear statutory guidelines on the distribution of matrimonial assets often results in uncertainty and inconsistent outcomes. It also finds that economic disparities between spouses, difficulties in the enforcement of maintenance orders, and evolving family structures continue to affect adversely the effectiveness of existing legal measures. The study concludes on the note that the current legal framework requires substantial reforms to ensure greater certainty, equity, and protection of vulnerable parties. It therefore recommends legislative amendments, recognition of non financial contributions in property distribution, strengthened enforcement mechanisms, and periodic review of maintenance awards to enhance post-divorce justice in Nigeria.