Tuesday 16 December 2014

STELLA DAMASCUS, DANIEL, DORIS & THE LAW


The hottest interview in the Nollywood world in recent time is no doubt the interview granted by one of the Nollywood Divas, Stella Damascus with Golden Icon where she opened up on alot of things and also reaffirm the relationship between her and Daniel Ademinokan , a movie director who happens to be husband or ex-husband (confused as to his status in that regard....lol )to another Nollywood diva, Doris Simon. She said they are together and above all happy together.

This left a lot of questions unanswered in my heart, like could Stella be saying she is legally married to Daniel now? Has Daniel’s marriage to Doris ended? And many more, unfortunately that wasn’t answered in the interview but for the purpose of my readers who are in the same shoes as Doris, Stella or even Daniel I will discuss the legal implication, options available to whoever is a victim.

When can we say a marriage has ended?

A marriage conducted under the Act is said to have ended where either of the parties filed divorce in a competent court of law, the court is satisfied that the marriage between the two is irreconcilable  and has dissolved the marriage; mere filing divorce in court does not mean the marriage has ended. And until then the parties cannot re-marry.

What is the implication of conducting another marriage while one is still subsisting?

Anyone found guilty of such act shall be guilty of an offence called Bigamy which is the act of entering into a marriage with one person while still legally married to another person such person shall be liable to a term of imprisonment.

What is the status of a marriage conducted while one is still subsisting?

The answer is simply INVALID AB INITIO and cannot stand because we cannot put something on nothing an d this rule is also applicable in case of a traditional marriage, a man or woman who has gotten married under the Native law i.e. Yoruba’s momi mo o, Igbo’s wine carrying and Hausa’s Fathia cannot marry any other man or woman under the pretence that his or her previous marriage was a traditional marriage but the law allow such person to also marry the same partner under the Act.

Thank you.

Cremelawyer

BB PIN; 2B18F81D

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