REAPING WHERE YOU DID NOT SOW?”: THE QUESTION OF NON-FINANCIAL CONTRIBUTION IN THE SETTLEMENT OF MATRIMONIAL PROPERTY IN AGUOLU v. AGUOLU

Abstract

The settlement of matrimonial property is a critical issue that springs up or accompanies a suit for dissolution of marriage. One of such is the current case of Aguolu v Aguolu (2025) LPELR 80269 (CA) decided in accordance with Section 72 Matrimonial Causes Act 2004 which provides for the settlement of matrimonial property. Despite that the Court takes into cognisance the evolving position of the Nigerian courts beyond strict financial contribution, thereby considering principles of equity and partnership, proof thereof is important in determining settlement. Thus, marital status does not automatically convey a right of entitlement to matrimonial property. This case review therefore examines the Court of Appeal‘s decision in Aguolu v Aguolu, on the settlement of matrimonial property under the statutory law at the instance of dissolution of marriage. The review analyses the Court‘s reasoning on issues for fairness and balancing equality interests when there is non-financial contribution to matrimonial property. It further observes that women‘s property should equally be a basis for determination before the court considering that the Matrimonial Causes Act is not gender specific in the instance of matrimonial property settlement. Aguolu v Aguolu‘s case is relevant in reinforcing the shifting Nigeria‘s jurisprudence from a rigid non-financial equity on property rights at divorce, while balancing the fact that marital status is not sufficient to entitle a spouse to 50/50 share of matrimonial property, and that claimants must still adduce evidence of their contribution. This review recommends the need for guidelines in determining equitable distribution of matrimonial property.