One of my four wives has petitioned the court for divorce and division of matrimonial assets acquired during subsistence of our marriage. All the properties she has mentioned in the petition were acquired during subsistence of my marriage with her and other three wives. I would like to know if in the division of the matrimonial properties, the Court will consider the shares of other wives as well.
Section 114(2) of the Law of Marriage Act [Cap 29 R.E 2019] that guides the Courts in the division of matrimonial assets upon divorce does not expressly provide how the Court should consider the interests of other wives when it is ordering division of assets acquired during subsistence of polygamy marriage. However, section 57 of this law gives all wives equal rights where a man has two or more lawful wives. This, in our view, means that in considering the division of matrimonial assets upon grant of divorce, the Court has to consider the interest of other wives in the properties to be distributed to the spouses upon grant of divorce because they are also considered to have contributed to the acquisition of the properties to be distributed.