Under the Nigerian legal system, the major issues usually contested in a will are; the validity of the will, the mental capacity of the testator (the person who wrote the will), the authenticity of the will, and the interpretation of the will
The case of Eke v. Eke (1993) 1 NWLR (Pt. 268) 506 highlighted the importance of considering the contributions of the parties during the marriage in the division of properties. The Court emphasized that non-financial contributions, such as homemaking and child-rearing, should be recognized and taken into account when determining the distribution of assets.
In the present times, it is not uncommon that once spouses go their divergent ways, or are separated before the recognition of such separation in the eye of the law, some do engage in the practice of ‘arranged divorce’ in order to fasten up the process of their divorce and or separation.
The decision in Sheet v. Sheet …is a clear jurisprudential pavement upon which the concept of Divorce Arbitration has been able to navigate its way into the quotidian practice of alternative mechanism of resolving matrimonial causes/disputes.
Various alternatives have surfaced as to what conflicting parties can opt for in resolving their disputes. Matrimonial disputes are not bereft of the existence of these alternatives some of which are Collaborative divorce, Divorce mediation and Divorce arbitration.
A problem that has plagued litigation especially when it comes to matrimonial cases is that the private affairs of couples are brought out to the public as the proceedings are not kept private.
