An Overview Of Marital Rights

By Ubong S. Ebong Esq. -

Today let's talk briefly about marital rights which are the rights enjoyed by spouses in a legal marriage (not mere dating relationships).

These rights include:
1) Right to consummation, that is sexual intercourse. However, this right does not justify or permit forced/non-consensual sexual intercourse.
2) Right to maintenance, that is the right to be taken care of by the breadwinner of the family which in few exceptional cases could be the woman.
3) Right to protection: it naturally falls on the head of the house to protect his family but this must be done within the boundaries of the law.
4) Right of residence/cohabitation: spouses have the right to live together and to enjoy each other's company. As a matter of fact, prolonged separation between spouses is a valid ground for divorce in Nigeria. However, the right of cohabitation does not automatically confer joint ownership.
5) Right to use your spouse's name.
6) Right to not testify in court against your spouse because all communications between spouses are considered privileged and confidential.
7) Right to inherit each other's property upon the demise of the other.
8) Right to have binding pre and post nuptial agreements etc.


Before concluding let's quickly address the very touchy subject of domestic violence and spousal abuse. Marriage is meant to be a beautiful union but sometimes it degrades into a nightmare. I will not openly advocate for divorce but let me just borrow the wise words of my learned friend Charles Bassey Esq:
"If walking away becomes an option (not necessarily the last option), please take it. Stop killing yourself in a lone-spirited effort to save a failing marriage. Divorce is not a crime. It will be better for your children to feel the pains of separation than trying to explain to others how daddy slapped mummy and she died at the spot and daddy was charged and convicted for mummy's murder".

Consult your lawyer today.
#KYR




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