ADULTERY – FREQUENTLY ASKED QUESTIONS IN NIGERIA
ADULTERY – FREQUENTLY ASKED QUESTIONS IN NIGERIA
Adultery frequently asked questions in Nigeria. Committing adultery takes place when a married person has an extra marital sexual relationship with another person with whom he/ she is not married to whilst being married.
Committing Adultery is among the grounds/Criteria for Divorce in Nigeria. To know other Criteria for divorce Click Here
Definition of Adultery?
What’s adultery? Adultery is the consensual sexual intercourse between two persons a of opposite sex of whom one must be married to some other person.
How to prove the facts of adultery in Nigeria? What evidence must I gather?
The standard of proof is usually high and can be proven by confession, by having direct evidence such as a Private Investigator’s report, indirect evidence or if there is a birth of a child that is not of the spouse.
What happens if I do not have concrete evidence?
You may want to seek professional help from a Private Investigator (PI) or consider commencing divorce proceedings due to / unreasonable behaviour with improper association instead of adultery.
By engaging a PI, you have to prepare for costs even higher than costs for divorce. Further there is no guarantee that the PI report will stand the test if there’s no strong evidence. If you are not able to afford a PI, then best consider proceeding with your spouse’s unreasonable behaviour instead.
Read to the end because I have a bonus for you on how to prove your spouse’s Adultery in Court.
Who can commence an action for divorce based on adultery?
An adulterer cannot commence an action for divorce based on his/her own adultery. only the aggrieved spouse may commence action.
Is there a time limit on filing for divorce based on adultery?
If after finding out about adultery, and you are still living with your spouse, it will be assumed that you have condoned the adultery. You can’t be entitled to rely on that adultery for divorce. Condonation means having the knowledge of your spouse’s Adultery, forgiving and reinstating him/her back to his position as your spouse.
Topics that are related to adultery frequently asked questions in Nigeria
1. To learn about how to dismiss your spouse’s Divorce petition Click Here Dismiss Divorce
2. To learn about how to secure divorce click here Secure Divorce
3. To learn about how to break out of your troubled marriage without divorce click here Troubled marriage
4. To learn how your property will be shared after divorce Property Settlement
What is the implication of a divorce based on adultery for a Defendant?
The court can the children issues with the welfare of the child as the main consideration.
Furthermore, if the adultery is with multiple partners and the parent has a promiscuous lifestyle that could put the parent in a bad light and might prevent him/her from being a good parent, it may have a bearing on who gets care and control of the child.
Does the fact of adultery allow the aggrieved spouse to commence divorce immediately? Will Court grant divorce automatically?
You have to been married for at least 2 years. You have to prove the facts of Adultery. Thus, the court will not automatically grant divorce, you still have to go through the divorce process.
What if I am only married for a few months or a couple of years and I find out that my spouse is cheating on me? Can I commence divorce immediately?
You cannot apply for a divorce if you have been married for less than 2 years unless you have the Court’s permission to do so. This means you need to take out a separate court application prior to commence divorce proceedings.
Does committing adultery compromise my position in the ancillary matters ?
The courts will divide the assets under the principle of what is “just and equitable” and the grant of maintenance will be on what the courts think is “reasonable”.
Will committing adultery cause me to lose custody of my child, affect division of the matrimonial assets and the awarding of maintenance?
A parent does not lose the custodial rights over a child merely because of the adultery. In Nigeria, the courts favour joint or shared custody so that both parents can partake in the major decisions of the child’s life.
HOW TO PROVE YOUR SPOUSE’S ADULTERY IN COURT DURING THE TRIAL OF YOUR DIVORCE PETITION
Adultery as a ground for divorce What’s adultery?
Adultery is one of the grounds for divorce that when proved in Court it will secure for you a decree of divorce.
The private nature of adultery makes it difficult to obtain direct evidence on that.
Nevertheless, you may prove adultery either by direct evidence or by circumstantial evidence, depending on the circumstances of the case.
Adultery may be proved in any of the following ways below;
- When a party to a marriage is convicted of the criminal offence of rape or any other crime involving sexual inter course with opposite sex, then the party is guilty of adultery with his victim.
- There’s presumption of adultery where paternity of a child is in issue. E.g where a child is born by a wife at a time that marital inter course didn’t take place at the time of conception.
- A petitioner can raise a rebuttable presumption that he/ she was infected by the spouse when there’s presence of venereal disease or when there is sexually transmitted disease.
- You can also dictate adultery through the confessions and admissions of the adulterer. The court rules that adultery has been committed once the court is satisfied that the confessions and admissions are probably true.
If you or your spouse is committing adultery just know that your family is at risk. You are exposing your family to divorce if you or your spouse is committing adultery and one of you decides to take it up in court and finally succeeds the result is divorce. So be careful!.
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