adminIn time past and recent times, when a man or woman can no longer cohabit with their spouse even the law, enables the empty legal shell i.e. the legal marriage to be broken with the maximum fairness and the minimum bitterness, distress and humiliation.
Again, it has always been the case that during the lifetime of the marriage between the man and his wife, the law places a responsibility on him to maintain the wife and children of the marriage.
The problem which has faced many persons who have gotten out of many marriages is whether or not they have a right to still be maintained?
Put simply, whether a spouse to a broken marriage can still seek for financial upkeep after dissolution of marriage?
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Our laws or rather, the Nigerian laws are very clear on such matter.
By virtue of Section 70(1)(2), Matrimonial Causes Act;
โthe court may, in proceedings with respect to maintenance of a party to a marriage, or of children of the marriage, other than proceedings for an order for maintenance pending the disposal of proceedings, make such others as it thinks proper, having regard to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances…
Subject to this section and to rules of court, the court may, in proceedings for an order for maintenance of a party to a marriage, or of children of the marriage, pending the disposal of proceedings, make such orders as it thinks proper having regards to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstancesโ
Flowing from the section above, it can be deduced that the section granted equal rights on the spouses to seek for maintenance.
Put simply, not as in the days of old or the conventional mentality that only a woman can seek to be maintained after the dissolution of a marriage.
Under our laws, a man and a woman can seek maintenance from the other party after the union between them has been broken down, irretrievably.
Again, it can be deduced from the section above that children of the marriage have a right to seek maintenance from either of the parents after the dissolution of the marriage.
Children of the marriage simply mean the children the spouses had for themselves during the lifetime of the marriage.
It should also be noted that the court can grant an order of maintenance pending the outcome of the proceedings.
Asides the courts discretion to grant an order of maintenance, other things which would be taken into consideration in the granting of maintenance includes certificate of means, earning capacity conduct of the parties, all other relevant circumstances.
