Divorce in Nigeria is a legal process aimed at severing marital ties and dissolving the union between spouses. The procedure varies depending on the type of marriage conducted, making it crucial to understand the specific legal pathways and requirements involved. This guide outlines the legal processes, grounds for divorce, and important considerations for individuals seeking a divorce in Nigeria.

Types of Marriage and Court Jurisdiction

In Nigeria, there are two primary types of marriage: Statutory Marriage and Customary Marriage. The type of marriage determines which court has jurisdiction over the divorce proceedings.

Statutory Marriage: Conducted under the Marriage Act, these marriages typically take place at a Marriage Registry or a licensed place of worship, such as a church. The State High Courts and the High Court of the Federal Capital Territory have jurisdiction over the dissolution of statutory marriages.

Customary Marriage: Conducted according to local customs and traditions, including Islamic marriages and those held in unlicensed places of worship. The Customary Courts have jurisdiction over the dissolution of customary marriages.

Grounds for Divorce in Nigeria

Under the Matrimonial Causes Act, there is only one ground for divorce in Nigeria: that the marriage has broken down irretrievably. To establish this, one or more of the following must be proven in court:

1. The respondent has wilfully and persistently refused to consummate the marriage.
2. The respondent has committed adultery, and the petitioner finds it intolerable to live with them.
3. The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them.
4. The respondent has deserted the petitioner for at least one year immediately preceding the petition.
5. The parties have lived apart for at least two years immediately preceding the petition, and the respondent does not object to a decree being granted.
6. The parties have lived apart for at least three years immediately preceding the petition.
7. The respondent has failed to comply with a decree for restitution of conjugal rights for at least one year.
8. The respondent has been absent under circumstances that provide reasonable grounds to presume they are dead.

The Divorce Process

The process for obtaining a divorce in Nigeria involves several steps:

1. Filing a Divorce Petition: The process begins with the petitioner filing a divorce petition in the appropriate court, detailing the grounds for divorce and supporting facts. Required documents include:
– Petition for decree of dissolution of marriage
– Notice of petition for decree of dissolution of marriage
– Verifying affidavit
– Certificate relating to reconciliation signed by a legal practitioner
– Acknowledgement of service
– Notice of address for service
– Copy of the marriage certificate

2. Service of Court Processes: After filing, the respondent must be served with the divorce papers. The respondent may then file an answer or a cross-petition.

3. Court Proceedings: The court may encourage reconciliation efforts. If these efforts fail, the court proceeds with the trial. Both parties present their cases, including evidence and witness testimonies. Legal practitioners argue their cases based on the presented facts and evidence.

4. Judgment: After reviewing all facts, evidence, and arguments, the court delivers a judgment either granting or denying the divorce. If granted, a “Decree Nisi” is issued, becoming absolute after three months.

Conclusion
Divorce in Nigeria is a complex process influenced by legal, cultural, and religious factors. Strict adherence to legal procedures is essential, and seeking legal assistance is highly recommended to navigate the complexities and protect the rights and interests of all parties involved.

 

This article provides a general overview of the subject. Please contact us directly for any specific legal assistance required