Africa: Family and Matrimonial

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
When Is A Wife Not A Wife? A Legal Opinion On Mrs. Adenike Oluyemisi Ajayi & Ors. v. Ms. Helen Prest-Ajayi & Anor. Case.
A landmark Nigerian succession case examines whether a long-separated statutory wife retains inheritance rights over a deceased husband's estate when challenged by a woman claiming customary marriage. The High Court's decision clarifies the critical distinction between social reality and legal status in determining spousal rights under Nigerian matrimonial law.
Nigeria Family
OA
Olisa Agbakoba Legal (OAL)
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Article
When Is A Wife Not A Wife? A Legal Opinion On Mrs. Adenike Oluyemisi Ajayi & Ors. v. Ms. Helen Prest-Ajayi & Anor. Case.
A landmark Nigerian succession case examines whether a long-separated statutory wife retains inheritance rights over a deceased husband's estate when challenged by a woman claiming customary marriage. The High Court's decision clarifies the critical distinction between social reality and legal status in determining spousal rights under Nigerian matrimonial law.
Nigeria Family
OA
Olisa Agbakoba Legal (OAL)
See more
Article
Beyond The Trust Deed: What South Africa’s Proposed Trust Reforms Mean For Family Wealth
South Africa's proposed Regulation of Trusts Bill, 2026 introduces a substantially more developed regulatory framework that moves trust administration towards a world where good governance must be demonstrable rather than assumed. The Bill signals a fundamental shift from viewing trusts merely as legal structures to recognizing them as governance arrangements requiring careful documentation, investment oversight, and succession planning that extends beyond the original founders.
South Africa Wealth Mgt
E
ENS
Article
When Is A Wife Not A Wife? A Legal Opinion On Mrs. Adenike Oluyemisi Ajayi & Ors. v. Ms. Helen Prest-Ajayi & Anor. Case.
A landmark Nigerian succession case examines whether a long-separated statutory wife retains inheritance rights over a deceased husband's estate when challenged by a woman claiming customary marriage. The High Court's decision clarifies the critical distinction between social reality and legal status in determining spousal rights under Nigerian matrimonial law.
Nigeria Family
OA
Olisa Agbakoba Legal (OAL)
See more
Article
Redefining Spousal And Child Maintenance Jurisprudence In Nigeria
The Supreme Court of Nigeria has issued a landmark ruling in Ugbah v. Ugbah that fundamentally reshapes family law jurisprudence by establishing that wives and children can pursue maintenance claims as standalone actions without filing for divorce. This decision removes procedural barriers that previously limited access to financial support and affirms that children's welfare rights are enforceable regardless of their parents' marital status or relationship.
Nigeria Family
TA
Tunde & Adisa
Article
Alimony In Nigeria: Does Education Or Earning Power Stop A Maintenance Claim?
A landmark Indian Supreme Court ruling on alimony has reignited debate about whether education and earning capacity should disqualify spouses from claiming maintenance after divorce. Nigerian law under the Matrimonial Causes Act takes a nuanced approach, weighing means, earning capacity, and conduct rather than applying automatic rules based on professional qualifications or employment status.
Nigeria Family
OA
Olisa Agbakoba Legal (OAL)
Article
Is Being Separated The Same As Being Divorced In Nigeria?
The Dr. Tosin Ajayi estate case reveals a critical legal distinction that affects inheritance rights in Nigeria: separation does not legally end a marriage. After 35 years apart, the Lagos State High Court ruled that Dr. Ajayi's first wife remained his sole lawful widow, demonstrating how marital status determines who controls estates, inherits assets, and manages business interests. This landmark case exposes the costly consequences of assuming that time and distance can dissolve a marriage without formal
Nigeria Family
OA
Olisa Agbakoba Legal (OAL)
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