Lady Who is a Lawyer Shares Process To Claim Damages in Court if One's Spouse Cheats



A Nigerian lady who is a lawyer says one can claim damages in court if one's spouse cheats in marriage According to the lady, if one files for a divorce because their partner committed adultery, one can claim damages as well However, the lawyer, identified as Barrister Oge, said there are certain conditions to be fulfilled before such damages can be granted. A Nigerian lady who is a trained lawyer shared some insights on whether one can claim damages in court if one's partner is caught cheating. 

In a TikTok video she posted, the lawyer, identified as Barrister Oge, stated that one can claim damages on the grounds that their spouse committed adultery. She stated that the damages can be claimed if one files for a divorce on the grounds of adultery. Barrister noted that apart from asking for the dissolution of the marriage, one can also ask to be compensated for the damages caused by the adulterous spouse. However, the lawyer said there are certain legal conditions that must be met before such claims can hold water. One is that the adultery must have been committed not more than three years before the divorce is filed. Her words: "Section 31(3) of the MCA is clear that damages shall not be awarded when an act of adultery upon which the petitioner relies was committed more than three years before the filing of the petition. So if you want damages, file within the stipulated time." 

She went further to state: "If you are filing for a dissolution of a marriage on the grounds of adultery, already you should know that the ground itself is the intolerability of that adultery, not the adultery itself. Because you can commit adultery and your spouse will choose to forgive you. If you are filing a petition for dissolution of a marriage on the grounds of adultery, you are entitled to damages if you successfully prove the commission of adultery by your spouse. Now, there is something you should know. If you file a petition for dissolution and then you are seeking damages for adultery, for example, in 2024. And the adultery you are complaining about was committed in 2018, you will not get a dime. You will not be compensated by way of damages. Why? Because the law is clear that if you are filing a petition for dissolution, on the grounds of adultery as well as damages for that adultery, the said petition must be filed within three years from the date of the commission of that act of adultery. So if you file after three years, the marriage will be dissolved, but you will not be compensated." 

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