Stakeholders have reiterated the importance of both parents staying together but insisted that divorce may not be a bad idea in case of domestic violence.
Speaking at Family Law Conference held in GRA, Ikeja, Lagos by Wall & ACELP law firm, with the theme, The Impact of Divorce and Custody Battles on Children, speakers lamented that divorce, once rare, is steadily increasing with Nigeria ranking 11th among 26 countries with highest divorce rate in 2023.
Sharp increase in Southwest Nigeria are connected with poverty, infidelity, sexual dissatisfaction, prosperity gospel with leading causes of domestic violence, financial strain and infertility.
Speaking, Managing Partner, Wall &ACELP Legal Practitioner, Kemi Bonuola, said: “When I started my career 15 years ago, I started in the family law department and I realised that there were so many issues we failed to tackle. A lot of people do not pay attention to family law practice.
“I have seen how children are caught in the middle of divorce; government is not as involved as it should be. There are laws but how effective are they? Where do you go when you get stuck?. If we say family is the smallest unit of the society, then, how are we protecting it, how are children being protected?. The children suffer more and they do not have a voice. Our focus is on the battle, the children must be put into consideration, we must do more for the sake of the children.
On divorce rate and solution, she said: “There is increase in divorce rate and that’s because there is a lot of exposure now. A lot of women are leaving their marriage because of domestic violence. Women can now speak up, social media is also helping. There is an increase in divorce but it’s not always a bad thing; we don’t want children to grow in toxic homes. We need our children to exist in safe space.
“What we are emphasizing is how the children can be protected when their parents are no longer together. We are not particular about divorce but to discourage divorce, we need to be careful on family interference; third party destroys marriages, finances destroy marriages. A woman who is financially independent won’t stay in an abusive relationship.”
Speaking on the topic, Impact of divorce and custody battles on children: Legal Solutions and Recommendations for Healthy Outcomes, Professor, Department of Public Law University of Lagos, Ayodele Atsenuwa, said that though, the law pertaining to child custody in cases of dissolution of marriage is largely adequate but there are need to harmonise the interrelationship between the Matrimonial Causes Act (MCA) and the child rights legislation.
Adding that what is more important to emphasise is that if the law will be effective in meeting the justice yearnings of parents and serving best interest of the child, the law needs to be simplified and made accessible to all.
Clinical Psychologist, Mosobalaje Ajibola, said: “When it comes to divorce relating to male, people look at it from the economic point of view and not considering the mental aspect. Men are unable to speak up as the female will speak up. It’s easy for a divorced woman to speak on the challenges they face but not easy for men because of the ego masculine tendency, the society expect the male to man up their feelings. Some men experience the negative effects of divorce than women.”