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ARTICLE · 18 OCTOBER 2024

Difference Between Separation And Divorce: Case Law Insights

Ebelechukwu Law Firm
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Separation and divorce are two terms that are often confused. While both involve couples living apart, the legal implications of each are different.

NigeriaFamily and Matrimonial
Ebelechukwu Aroh-Nwoka
Ebelechukwu Aroh-Nwoka

Introduction

Separation and divorce are two terms that are often confused. While both involve couples living apart, the legal implications of each are different. Understanding the difference between separation and divorce is very important for anyone considering to file a petition for divorce or judicial separation in Nigeria This article explores the difference between separation and divorce with the aid of the Nigerian Court of Appeal decision in the case of Ezeaku v. Okonkwo & Anor1

What is Separation?

Separation occurs when a married couple decides to live apart from each other without formally ending their marriage. In a legal context, separation could be informal, where the couple decides on their own to live apart, or it could be a formal judicial separation, where the court grants a separation order but does not dissolve the marriage.

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