THE CONCEPT OF DIVORCE IN NEW ZEALAND AND NIGERIA: A COMPARATIVE STUDY

Abstract

Divorce is a complex yet significant aspect of family law. In Nigeria, it is closely linked with cultural and religious beliefs, particularly in the context of customary marriages, where traditional dispute resolution mechanisms play an important role. In contrast, New Zealand’s approach to divorce is primarily governed by secular law, emphasizing fairness and the best interests of children. Mediation, as an alternative dispute resolution method, is examined for its effectiveness within both contexts. This paper provides an overview of the concept of divorce, the legal frameworks regulating it, and the role of mediation as an effective alternative dispute resolution mechanism in divorce proceedings. It further explores the cultural, legal, and societal factors influencing divorce in Nigeria and New Zealand, highlighting similarities and differences in their approaches. The study argues that although mediation has the potential to reduce adversarial tendencies and promote amicable settlements, its effectiveness largely depends on the socio-legal environment in which it is practiced. By comparing these two jurisdictions, the paper demonstrates the value of mediation in achieving equitable outcomes in divorce cases and proposes recommendations for strengthening mediation practice in Nigeria, drawing insights from New Zealand’s experience.