- While 2Baba had earlier announced that he and Annie have filed for a divorce, a barrister has said that the type of marriage he contracted will largely determine how things pan out
- The barrister said that the court can not grant a divorce simply because one party needs it if the marriage is a statutory one (under the Marriage Act)
- The family lawyer highlighted seven important factors that 2Baba must prove to the court to demonstrate that the marriage has broken down beyond salvaging
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Amid the 2Baba-Annie Idibia marital saga, a family lawyer Aroh-Nwoka Ebelechukwu has said that the couple remain husband and wife until a formal divorce is finalised.
This comes many hours after 2Baba announced on Instagram that he and Annie are separated and have filed for a divorce.
A lawyer said 2Baba needs to prove seven facts in court before his divorce application will be considered.
Photo Credit: Aroh Nwoka Ebelechukwu, Bellanaija, KashgainSource: Facebook
Six things 2Baba needs to prove
In a lengthy Facebook post, the barrister said a customary marriage is much easier to dissolve than one done under the Marriage Act.
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“…The type of marriage Tuface contracted will significantly determine how this plays out. If it was a customary marriage, he could dissolve it for any reason—or no reason at all. In fact, the process could be as simple as refunding the bride price, without the need to involve a court.
“However, if the marriage is statutory (under the Marriage Act), the process is much stricter. The court cannot grant a divorce simply because one party desires it—even if the relationship is clearly failing…”
The barrister said 2Baba must prove to the court that the marriage has broken down beyond fixing by tendering evidence of six facts.
“…To succeed, Tuface must prove that the marriage has irretrievably broken down. He can do this by providing evidence of any of the following:
“1. Adultery and intolerability.
“2. Refusal to consummate the marriage.
“3. Unreasonable behaviour or conduct he is not reasonably expected to bear.
“4. Desertion for at least three years.
“5. Living apart for a continuous period of one year before filing for divorce.
“6. Living apart for two years (with no objection from the other party).
“7. Absence for such a long period that the spouse is presumed dead.
“Without proof of any of these facts, the court cannot grant a divorce—even if he desperately needs it and has publicly declared his intention to end the marriage…”
The lawyer reminded people that separation is not the same as divorce.
Catholic priest faults 2Baba over divorce announcement
Meanwhile, TheTalk.NG previously reported that a Catholic priest had reacted to the news of 2Baba’s separation from his estranged wife Annie Idibia.
The reverend father referenced Joseph’s example with Mary in the Bible and faulted 2Baba for announcing such at a time when Annie was reportedly in rehab and fighting to regain her sanity.
He shared what the singer should have done instead of taking the matter of divorce and separation to social media. He highlighted a lesson for couples to learn. The priest’s take on the trending issue has generated mixed reactions online.
Source: TheTalk.NG
