adminOn Monday, 11th of March, it became public notice, through the online media that Nigeriaโs richest woman, Folorunsho Alakija and her husband who had been having marital issues which was totally unknown to the public, have separated and have gone ahead to no longer live under the same roof, the husband, getting a different apartment for himself.
Generally, where a man and woman proceed to contract a marriage under the Marriage Act, it is one of the legal requirements of such marriage that both parties cohabit together under the same roof, except in cases which the law as provided such as where the work of either of the spouses makes it impossible or one of the partners lives outside of the country.
The law is very particular about the cohabitation of married persons as it even constitutes a ground for the dissolution of a marriage where parties to a marriage have continuously lived apart for at least two years as provided under Section 15 (2) (e), Matrimonial Causes Act.
The public may begin to wonder if madam Folorunsho and her husband, with their act of living separately have now divorced each other.
To put it straight, a man and woman can only be pronounced to be divorced by an order of a competent court of jurisdiction where issues contained under Section 15, MCA have been decided by the court.
Where there is no court order dissolving a marriage, the legal union between two parties still subsist.
Under our laws, there is what is regarded as judicial separation. A judicial separation is a court order which relieves a party to a marriage from the obligation to cohabit with the other party to the marriage while the decree remains in operation as contained under Section 41, MCA.
Put simply, a party can get a court order to no longer live under the same roof with his/ her spouse. This judicial separation does not affect the status, right and obligation of the parties to the marriage. This means that, both parties would still do everything couples are expected to do together under the law except living together under the same roof.
It comes to mind that, the separation between Madam Folorunsho and her husband, without a valid court order of judicial separation is totally unlawful, illegal and nothing but a mere sham. In the eye of the law, both parties are not judicially separated until there is a court order.
LegalJoe, also known as JOSEPH ALIU is a Law Graduate, Human Rights Activist and a Legal Series Analayt @OgunwatchNG and can be reach via 09131704196, 09085773212
