Introduction
In Nigeria, divorce is governed mainly by the Matrimonial Causes Actand the Matrimonial Causes Rules. These laws regulate the dissolution of marriages conducted under the Marriage Act (commonly called statutory marriages or court weddings).
Below are the general steps involved in filing for divorce in Nigeria.
1. Confirm That the Marriage Is a Statutory Marriage
Divorce proceedings under the Matrimonial Causes Act apply only to statutory marriages, including marriages conducted at:
A. A registry
B. A licensed place of worship
C. A marriage registry under the Marriage Act
Customary or Islamic marriages follow different procedures.
2. Ensure the Marriage Is At Least Two Years Old
Section 30 of the Matrimonial Causes Actprovides that a petition for divorce cannot normally be filed within two years of marriage.
However, the court may allow it earlier in exceptional circumstances, including:
A. Exceptional hardship to the petitioner
B. Exceptional depravity by the respondent
3. Establish a Ground for Divorce
Under Nigerian law, the only ground for divorce is that the marriage has broken down irretrievably.
This must be proved by showing at least one of the facts recognized by the Act, including:
A. Adultery
B. Desertion for at least one year
C. Living apart for at least two years (with consent)
D. Living apart for three years (without consent)
E. Failure to comply with a decree of restitution of conjugal rights
F. Behaviour making it unreasonable to continue living together
4. Prepare the Divorce Petition
The spouse seeking the divorce (the Petitioner) must prepare a Divorce Petition stating:
A. Names and addresses of the parties
B. Date and place of marriage
C. Details of children of the marriage (if any)
D. Facts relied upon to prove breakdown of the marriage
E. Reliefs sought from the court
The petition is usually accompanied by:
A. The marriage certificate
B. A verifying affidavit
C. A certificate relating to reconciliation
5. File the Petition in the Appropriate Court
Divorce petitions are filed at the High Court of a State or the High Court of the Federal Capital Territory.
For example:
High Court of the Federal Capital Territory
State High Courts across Nigeria
The court will assign a suit number after filing.
6. Serve the Divorce Petition on the Respondent
After filing, ensure that the divorce petition is served on the other party (the Respondent).
The respondent may:
A. File an Answer to oppose the divorce
B. File a Cross-Petition seeking divorce on separate grounds
C. Choose not to contest the petition
7. Court Hearing
The court will fix a date for hearing. During the hearing:
A. The petitioner gives evidence
B. Witnesses may testify if necessary
C. The court reviews evidence about the breakdown of the marriage and arrangements for children
8. Decree Nisi
If the court is satisfied, it grants a Decree Nisi, which is a provisional divorce order.
This means the marriage is not yet fully dissolved.
9. Decree Absolute
After three months, the petitioner may apply for the Decree Absolute, which finally dissolves the marriage.
Once the decree absolute is granted:
A. The marriage is legally ended
B. Both parties are free to remarry
Other Issues the Court May Decide
During divorce proceedings, the court may also determine:
A. Child custody and access
B. Maintenance (spousal or child support)
C. Settlement of property
Disclaimer
This article provides general information about divorce procedure in Nigeria and does not constitute legal advice. Divorce proceedings involve technical court procedures, and it is advisable to consult a qualified legal practitioner for proper guidance.
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