Divorce is the legal process of terminating a statutory marriage through the court system. For a marriage to be eligible for divorce proceedings in the High Court, it must fall under the jurisdiction of the Matrimonial Causes Act LFN 2004 (the Act). This includes marriages conducted in licensed places of worship, registrar’s offices, or under a special license, all of which must be evidenced by a valid Marriage Certificate.

The Act, specifically Section 11, instructs the court to not hastily grant divorce petitions but rather to promote reconciliation between couples. The court is initially required to act as a mediator, striving to mend the marriage.

Which Court Handles Divorce Cases?
Any High Court in any State of the Federation and the Federal Capital Territory has the authority to handle petitions for dissolution of marriage. This means divorce proceedings can be initiated in any state, regardless of where the marriage took place. Additionally, for a court to have jurisdiction over a divorce petition, one of the parties must either be a Nigerian citizen or have a domicile in Nigeria. In terms of domicile, Nigeria is considered a single federation entity. Therefore, a person domiciled in any state within the Federation can file a divorce petition in any state, regardless of their current domicile.

The court also has the power to transfer a divorce case from one State High Court to another under the “forum convenience” rule, especially if it serves the interests of justice or if the other party agrees.

Grounds for Divorce in Nigeria
The main ground for divorce in Nigeria is that the marriage has broken down irretrievably, as stated in Section 15 of the Matrimonial Causes Act LFN 2004. This means there is no possibility of salvaging the marriage.

Based on this primary ground, the Act in Section 15(2) outlines the specific reasons a marriage might be considered irretrievably broken:

– Infidelity where one partner cannot tolerate the extramarital affairs.
– Inability to consummate the marriage due to denial of sex or health conditions.
– One partner exhibiting intolerable behaviour, such as chronic alcoholism.
– Desertion where one partner is incommunicado for up to a year.
– Separation and living apart for two years without objection from either party.
– Separation and living apart for three years, after which the court must grant the divorce.
– Failure to comply with a court order to resume cohabitation and conjugal rights for over a year.
– One partner being missing for at least seven years, leading to presumption of death.

For any of these reasons to be grounds for divorce, it must lead to the primary ground of irretrievable breakdown of the marriage. Courts are also reluctant to grant divorces for marriages less than two years old, known as the “two years rule.” However, exceptions to this rule, as provided by Section 30(2) of the Act, include:

– Willful and persistent refusal to consummate the marriage.
– Adultery, rape, sodomy, or bestiality committed by the respondent.
– Cross-proceedings for a decree of dissolution of marriage.

Section 30 of the Act stipulates that court permission is required to commence divorce proceedings for marriages less than two years old.

If any of the aforementioned reasons are proven, the court will issue a decree nisi, a temporary separation order. Unless appealed, this decree becomes absolute (permanent) after three months, dissolving the marriage entirely. If one party dies before the three-month period ends, the other party cannot challenge the High Court’s decision.

However, a petitioner may not succeed in obtaining a divorce if they have condoned any of the actions listed under Section 15(2) of the Act.

Effect of Divorce
The dissolution of a statutory marriage allows either party to remarry. When a judge declares a marriage dissolved, both parties are legally single and free to enter another marriage if they wish.

In conclusion, each marriage is unique with its own set of circumstances. Couples should seek legal advice and guidance when considering the dissolution of their marriage.

 

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