Nigerian Family Law is a branch of law that concerns family-related issues. It can be grouped into three aspects mainly: matrimony, child care, and financial settlements. Common cases addressed under these include marriage, divorce, adoption, child custody, and bankruptcy
The Nigerian family law is there to guide and protect the rights of the family members in the presence of disputes and challenges. Although a family is united by blood and has strong emotional ties, sensitive issues such as a divorce, and property division can lead to complications hence the need for a family lawyer.
In Nigeria, family law is yet to develop to efficiently cover cases like surrogacy, prenuptial, juvenile, and underage marriages.
Sources of Family Law
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Nigeria’s family law can be traced back to the colonial era. It got adopted from the English legal system, which makes up the foundation of the rules and regulations. Family law is sourced from
- Customary laws: This is gotten from the local customs and traditions of local communities. They deal with the standard of rules that have been long established in a community.
- Judicial laws: Judicia laws are gotten from the state, they enable any state to govern its territory
- Statutes: This is the Nigeria constitution, it comprises acts of parliaments, regulations, and by-laws. It is a law made on a federal level.
The statutes guiding family law in Nigeria are
- Marriage Act & Matrimonial causes Act
- Maintenance orders Act CAP Mi, laws of the federation of Nigeria
- Married Women’s Property Act
- Violence Against Person (Prohibition Act, 2015)
Why Is Family Law Important?
Because the family is the smallest unit in a society, family law serves as a guideline to help maintain peace and order in society. The law is there to protect the rights of individuals in a family .in cases of extreme violence and disputes, the services of a family lawyer are consulted. A family lawyer will try to settle the disputes according to the law even before it is taken to court. A family lawyer is someone who is specialized in family law and has a wide range of skills to tackle any issues in a family.
Family lawyers will guide and identify other ways to settle disputes outside the court, discuss, negotiate, draft and formalize agreements. If it doesn’t work and the matter is taken to court, the family lawyer will
- Guide you on your rights considering the nature of the dispute
- Will brief you on the outcome of a legal suit
- Will guide you on the legal course of action
- Guide you on necessary documents and information needed regarding the situation
family lawyers handle a spectrum of cases but some might specialize in divorce, child, etc.
Types of family law
There are many cases involved in this law but, these are the most common ones
Marriage
Marriage is a common type of family law. A marriage is a contract agreement and it is binding by law. In cases of property division,
Divorce
Divorce is the termination of a marriage. oftentimes, this could get complex and messy. Couples often argue about how to share properties, assets, and debts, and this leads to misunderstandings and arguments. An understanding of Family law becomes necessary to solve issues like this. With the help of a family lawyer, terms are negotiated under the law and the divorce is filed successfully.
Child care
This includes cases of child custody.
Child care is a branch of family law.
With divorce comes child custody issues, this happens when both parties cannot agree on a child care arrangement. Even unmarried couples also fight each other sometimes to keep the custody of a child. When this happens, the case is brought to court for the judge to decide.
The judge considers factors like the child’s age, needs, and parents financial capabilities to help make decisions. It is advised to get a good family lawyer specializing in child care to help you argue your case in court.
Paternity
This is another branch of family law; a paternity test is done through a DNA test. most times, paternity cases are filed to prove the paternity of the child to secure financial support from an absent father. Fathers also file for paternity tests to have a relationship with their children. A family lawyer helps to negotiate the amount of child support a mother gets in the case of child support
Adoption
The process of adoption is a strict and complex one. Whether a couple is adopting or a step-parent is trying to adapt their stepchild, A family lawyer grounded in adoption is necessary to help couples navigate and complete all due processes of adoption, this makes it stress-free for parents
Frequently asked questions
- What do I look out for when choosing a family lawyer?
When choosing a family lawyer, Above all other factors like doing your research, cost, referrals, and reviews, choose a lawyer you are compatible with and can trust. a lawyer who listens, and takes what you say seriously. make sure it feels right with you when settling for a lawyer.
- Can I divorce without a lawyer?
Although it is not recommended, you can divorce without a lawyer. It is good to seek legal counsel before you proceed with a divorce.
- What happens if we cannot decide on whom the children should leave with?
The right thing to be done here is to focus on what is is best for the children, if there is no agreement, the case will be taken to court and the judge will decide for you
Family law is vast and comprises all issues related to a family. The need for a family lawyer cannot be overemphasized, although family law covers different aspects, most lawyers choose to specialize in one or two areas. Because of how sensitive family issues can get, find a lawyer specialized in your area of need to get a better and desired outcome.
