Civil Divorce in Nigeria Versus Indissolubility of Christian Marriages Under Canonical Jurisprudence: A Critical Look

Abstract

There is always a tension between civil divorce and indissolubility of Christian marriages. Civil divorce
grants an aggrieved spouse the opportunity to petition for dissolution of their validly entered marriage
under certain specified conditions. On the other hand, Christian doctrine and law on indissolubility upholds
that a validly contracted marriage is not to be dissolved under any excuse whatsoever. The Church
postulates that marriage is a permanent bond symbolizing the undying union of Christ and the Church.
Divorce has actually come under attack recently due to the increasing rate of its frequent occurrence in the
Nigerian society, especially as concerns its negative effects on the family fabric, and the waning societal
values sequel to broken homes and solo parenting. Adopting a doctrinal methodology of analysis of data
using comparative approach, this study examines the elements of the ground for dissolution of statutory
marriage in Nigeria. This study, therefore, seeks to give a canonical response to these legal provisions and
adumbrate the religious consequences thereof in the light of the nature of Christian marriages. The study
capitulates with the fact that stability of marriages is the intention of the founder of Christianity for the
good of human society.