OVER-RELIANCE ON DISSOLUTION OF MARRIAGE: A CRITICAL STUDY OF NIGERIA'S UNDERUTILISED MATRIMONIAL RELIEFS WITH EMPIRICAL FOCUS ON OSUN STATE

Abstract

This study investigates the persistent over-reliance on dissolution of marriage as the primary matrimonial relief in Nigeria, despite the availability of alternative remedies under the Matrimonial Causes Act, including judicial separation, restitution of conjugal rights, and nullity of marriage. Using Osun State as an empirical focal point, the research adopts a socio-legal and qualitative approach, combining legal doctrinal analysis with data obtained through structured questionnaires administered to legal practitioners, litigants, and members of the public. The findings reveal that while the legal framework supports a diversity of matrimonial reliefs, public awareness and actual utilisation remain significantly skewed toward dissolution of marriage. Respondents overwhelmingly reported either ignorance of or lack of encouragement by lawyers to pursue alternatives, reinforcing dissolution of marriage as the default remedy. The study concludes that the dominance of dissolution of marriage is not due to legal inadequacies, but rather to informational, professional, and socio-cultural factors. It recommends public sensitisation, legal education reform, and proactive engagement by legal practitioners to promote a more balanced application of matrimonial remedies.