Filing for divorce in Nigeria can be emotionally and legally complex. Whether you’re considering separation or already determined to end your marriage, it’s important to understand the legal process. This article explains how to file for divorce in Nigeria under Nigerian law, the required documents, how long it takes, and why hiring a family lawyer is essential.
Types of Marriage in Nigeria
Before filing for divorce, you must know the type of marriage you had, because it determines the court and procedure to follow:
- Statutory Marriage (under the Marriage Act)
- Usually conducted in a registry (e.g., Ikoyi Registry).
- Divorce is filed at the High Court.
- Customary Marriage
- Performed according to native customs.
- Divorce is settled in Customary Court or through family elders.
- Islamic Marriage
- Handled under Sharia Law (in Sharia Courts).
This guide focuses on statutory marriage, which is the most common form for legally recognized divorces in Nigerian courts.
Grounds for Divorce Under Nigerian Law
Under Section 15 of the Matrimonial Causes Act, a marriage can only be dissolved if it has broken down irretrievably. You must prove one or more of the following:
- Adultery and intolerable behavior
- Desertion for at least 1 year
- Separation for 2 years (with consent) or 3 years (without consent)
- Failure to consummate the marriage
- Abuse or cruelty
- Criminal conviction of spouse
- Lack of cohabitation
- Irreconcilable differences
Step-by-Step Guide to Filing for Divorce in Nigeria
- Consult a Divorce Lawyer
- Your lawyer will assess your case and prepare all necessary court documents.
- File a Petition at the High Court
- Your lawyer files a petition for dissolution of marriage in the High Court of the state where either party resides.
- Service of Court Processes
- The court serves the divorce papers to your spouse (the respondent).
- Response from the Other Party
- The respondent can file a reply (e.g., agree or contest the divorce).
- Court Hearing
- If the divorce is contested, both parties will present evidence and may testify.
- Judgment
- If the court finds that the marriage has irretrievably broken down, it will issue a Decree Nisi (temporary order).
- Decree Absolute
- After 3 months, the Decree Nisi becomes Decree Absolute, officially ending the marriage.
Documents Required to File for Divorce in Nigeria
- Marriage certificate (original or certified copy)
- Sworn affidavit or witness statements
- Address of the spouse (for service)
- Evidence of grounds for divorce (if needed)
- Photographs or letters (in case of adultery or abuse claims)
How Long Does Divorce Take in Nigeria?
- Uncontested Divorce: 3 to 6 months
- Contested Divorce: 6 months to 2+ years, depending on complexity
What About Child Custody and Property Sharing?
These are separate proceedings, but they can be included in the divorce process:
- Child Custody: Determined in the best interest of the child
- Maintenance & Support: Court can order one spouse to pay upkeep
- Property Division: Based on contribution, need, and fairness — not automatic 50/50
Do You Need a Lawyer to File for Divorce in Nigeria?
Yes. Nigerian law does not allow self-representation in divorce proceedings. Only a licensed lawyer can file a petition for divorce in court under the Matrimonial Causes Act.
We Can Help You File for Divorce
At Olamide Oyetayo & Co, we provide confidential, compassionate, and professional representation in divorce and family law matters. Whether you want to initiate or respond to a divorce petition, we guide you through every legal step.
FAQs About Divorce in Nigeria
Q: Can I get a divorce without my spouse’s consent?
A: Yes, as long as you can prove the marriage has broken down irretrievably.
Q: Can I file for divorce without a marriage certificate?
A: No. A marriage certificate is required to prove the marriage exists.
Q: Do I have to appear in court?
A: Yes, even in uncontested cases, you may be required to testify briefly.
Q: Can I remarry immediately after divorce?
A: Only after the Decree Absolute is issued.
Contact us : 08068154338