Dissolution of a statutory marriage in Nigeria typically gives rise to problems relating to complex legal and personal issues, particularly with respect to spouse rights, maintenance, and the division of property on divorce. These problems are primarily addressed by the Matrimonial Causes Act (Cap M7, Laws of the Federation of Nigeria 2004) supplemented by constitutional provisions and Nigerian court jurisprudence.
Unlike in some jurisdictions where matrimonial assets are presumed to be divided equally, Nigerian courts apply a discretionary and case-to-case approach. Judges consider the facts of each case, looking for fairness, justice, and acknowledgment of both money and non-money contributions made by both spouses.
At Olamide Oyetayo & Co., our divorce attorneys in Nigeria help clients understand their rights and achieve fair outcomes in divorce matters, whether relating to spousal maintenance or matrimonial property settlement.
Spousal Rights in Statutory Marriages in Nigeria
Spouses in statutory marriages are entitled to special rights while living together and after divorce. These include:
- Right of Consortium and Cohabitation – Husbands and wives are entitled to companionship, mutual care, and consortium as intrinsic marital rights.
- Right to Maintenance (Financial Support) – Either spouse may be entitled legally to financial maintenance under divorce proceedings or after divorce cases according to the MCA.
- Right of Property Settlement – Spouses can claim a share in matrimonial property at the time of divorce, depending on their contributions and the doctrine of justice.
- Right of Inheritance – A surviving spouse is conferred statutory beneficiary status under the Administration of Estates Laws in the event that one of the spouses dies intestate, unlike the customary law where there are diverse rules.
- Right against Non-Discrimination – Section 42 of the Nigerian Constitution operates against gender discrimination, with equal application of spousal rights.
Spousal Maintenance (Financial Maintenance upon Divorce)
Under Section 70 of the Matrimonial Causes Act, the court can grant maintenance (financial) to either spouse or children of the marriage. This can be:
- Interim maintenance – temporary financial assistance during the period of the divorce.
- Final maintenance – continuing financial assistance after the end of the marriage.
The law is gender-blind: wife or husband may receive maintenance on grounds of need and ability to pay.
Nigerian courts have emphasized that maintenance is a matter of fairness, not favor. In Mueller v. Mueller, the Court of Appeal clarified that spousal maintenance is not punitive but to ensure that the financially weaker spouse does not suffer unnecessary hardship.
The following factors are taken into account:
• The financial capacity of both spouses,
• The standard of living during the marriage,
• The duration of the marriage, and
• Sacrifices incurred (e.g., career sacrifices to care for the family).
Division of Property on Divorce in Nigeria
The jurisdiction of courts to order the settlement of property in divorce is conferred under section 72 of the MCA. Nigerian courts have always maintained that marriage in itself does not entitle one of the spouses to a half share of the properties. Instead, the principle is “just and equitable division” subject to proof of contribution.
The following are some landmark cases:
- Akomolafe v. Akomolafe (1990) – property division must be just and fair and not a rigid 50-50 equal. • Eke v. Eke (1993) – homemaking and child-rearing are valuable non-monetary contributions in dividing property. • Aguolu v. Aguolu (2025) – reaffirmed that contributions (financial or otherwise) must be proven and caregiving/domestic activities were valid contributions.
- Ogunbiyi v. Ogunbiyi (2010) – indirect contributions, such as maintaining a spouse’s career or supporting family, may deserve entitlement to property.
What Constitutes Matrimonial Property in Nigeria?
While the Matrimonial Causes Act does not define “matrimonial property,” Nigerian courts generally regard property acquired during marriage for use by the family. These are:
- The matrimonial home,
- Land bought jointly,
- Vehicles,
- Family businesses and investments.
Title or ownership by law is not the only determining factor—what matters is that the property has been bought for domestic purposes and both spouses have contributed either financially or in terms of effort.
Protecting Your Rights in Divorce
Nigerian law relating to matrimonial property rights of spouses upon divorce is guided by the principles of justice, equity, and proof of contribution. The Matrimonial Causes Act provides broad discretion to courts, and Nigerian precedents in courts recognize direct contribution in terms of money and indirect non-money contribution in terms of care.
For divorcing couples, it’s better to be prepared. Gather proof of contributions (receipts, bank transactions, records of household maintenance), familiarize yourself with your rights under the law, and engage a well-versed divorce lawyer in Nigeria to represent your interests.
In Olamide Oyetayo & Co, we provide expert legal services in divorce, spousal maintenance actions, and property settlement disputes. We are committed to helping you to achieve a fair result that reconciles equity with your marriage realities.