Divorce Process in Nigeria: A Full Guide

Once a marriage hits the rocks, divorce is imminent. When the marriage relationship is beyond saving, partners begin to worry about the process of obtaining a divorce. It is not all doom as some people make it sound. This article examines the divorce process in Nigeria. It is a full guide that every couple seeking an end to their marriage relationship should carefully read.

What Are the Rules for Divorce in Nigeria?

Everything in life is governed by rules. Even divorces. In Nigeria every divorce is governed by the Matrimonial Causes Act of 1970, which provides the legal framework for the dissolution of statutory marriages conducted under the Marriage Act. This Act outlines the conditions under which a marriage may be dissolved, the procedural requirements, and the responsibilities of both parties during and after the divorce process.

Grounds for Divorce

The court will only grant a divorce if the petitioner (the person filing for divorce) can establish that the marriage has broken down irretrievably. To prove this, the petitioner must satisfy at least one of the following statutory grounds:

1. Adultery
   • The petitioner must demonstrate that the respondent committed adultery and that they find it intolerable to continue living with them.
   • Evidence can include photographs, videos, witness testimonies, or text messages.
2. Unreasonable Behavior
   • This covers a wide range of misconduct, such as domestic violence, verbal or emotional abuse, chronic intoxication, or neglect of marital duties.
   • The petitioner must prove that the respondent’s behavior has made cohabitation unbearable.
3. Desertion
   • The respondent must have abandoned the petitioner for at least one year without cause or justification.
   • Desertion includes physical separation and intentional neglect, such as refusal to provide emotional or financial support.
4. Living Apart
   • If the couple has lived apart for at least two years (with mutual consent) or three years (without mutual consent), the court may grant a divorce.
   • Living apart does not require physical separation in different homes but could also mean living separate lives under the same roof.
5. Non-Consummation of the Marriage
   • The inability or refusal to consummate the marriage after the wedding is a valid ground for divorce. This usually applies to childless unions where no sexual relations occurred.
6. Irretrievable Breakdown of Marriage
   • This serves as the overarching justification for divorce, incorporating the grounds listed above. The petitioner must convince the court that the marriage cannot be salvaged.

Residency and Jurisdiction Requirements

• At least one of the spouses must be domiciled in Nigeria at the time of filing for divorce.
• Divorce cases are typically handled by the High Court of the state where the marriage was conducted or where either party resides.

The Two-Year Waiting Rule

• According to the Matrimonial Causes Act, a couple must be married for at least two years before filing for divorce.
• Exceptions to this rule apply in cases of extreme hardship or situations where the respondent has committed serious matrimonial offenses.

Attempts at Reconciliation

• Nigerian courts encourage reconciliation and may direct the couple to undergo mediation or counseling.
• If reconciliation fails, the court will proceed with hearing the case.

Procedural Rules

1. Filing a Petition
   • The petitioner initiates the divorce by filing a petition at the High Court. The petition outlines the grounds for divorce and requests specific reliefs (e.g., custody, maintenance, or property division).
2. Service of Petition
   • The respondent must be served with the divorce petition. If they cannot be located, substituted service (e.g., through newspapers) may be used.
3. Court Hearings
   • Both parties present their evidence and arguments during court hearings. Witnesses may be called, and relevant documents submitted.
4. Decree Nisi and Decree Absolute
   • If the court is satisfied with the evidence, it will issue a Decree Nisi, a provisional order for divorce.
   • After three months, the petitioner can apply for a Decree Absolute, which officially dissolves the marriage.

Cultural and Religious Considerations

While statutory divorces follow the Matrimonial Causes Act, customary and Islamic marriages may have different divorce procedures based on local customs or Islamic law. These procedures must still align with the Nigerian Constitution.

Key Challenges

• Proving Adultery or Misconduct: Gathering sufficient evidence to prove adultery or unreasonable behavior can be challenging.
• Cultural Stigma: Divorce is often stigmatized in some Nigerian communities, leading to emotional and social difficulties for both parties.

Legal References

• Matrimonial Causes Act
• Nigerian Constitution, 1999 (as amended)

How Long Does It Take to Divorce in Nigeria?

Once a marriage hits the rock, parties cant wait to be apart so they can go on with their lives. Divorces can take time to wrap up. The time it takes to finalize a divorce in Nigeria depends on several factors, including the complexity of the case, the cooperation of both parties, and the efficiency of the court handling the matter.

Typical Timeline

On average, a straightforward divorce case may take 6 months to 1 year to conclude. However, complex cases or contested divorces may extend the process to 1-3 years or even longer.

Factors That Influence the Duration

1. Type of Divorce
   • Uncontested Divorce: If both parties agree to the divorce terms (e.g., custody, maintenance, property division), the process is faster and can be concluded within 3-6 months.
   • Contested Divorce: If there is disagreement, the court will need to resolve disputes, which can significantly prolong the process.
2. Court System Efficiency
   • The Nigerian judicial system often experiences delays due to an overload of cases and procedural backlogs.
3. Grounds for Divorce
   • Some grounds, like desertion, require proof of time (e.g., 1 year of abandonment), which adds to the timeline.
   • Gathering evidence for claims such as adultery or unreasonable behavior can also take time.
4. Response from the Respondent
   • If the respondent actively participates in the process, it can speed things up.
   • A non-cooperative respondent may delay proceedings by evading service of process or failing to attend court hearings.
5. Reconciliation Efforts
   • Courts often encourage reconciliation and may pause proceedings for mediation or counseling. If reconciliation is attempted but fails, it may extend the timeline by a few months.

Legal Procedures and Timeline

1. Filing the Petition: The petitioner files for divorce at the High Court. This can take a few days to a couple of weeks.
2. Serving the Petition: The respondent must be served with the divorce papers. Locating and serving the respondent could take anywhere from a few days to several months.
3. Court Hearings: Multiple hearings may be required for both parties to present their cases. Each hearing is scheduled based on the court’s calendar, often weeks or months apart.
4. Decree Nisi: If the court is satisfied, a provisional decree is issued.
5. Decree Absolute: After 3 months, the petitioner can apply for the final decree, which officially dissolves the marriage.

Common Delays

• Adjournments: Cases are often adjourned due to the unavailability of judges, lawyers, or parties.
• Non-cooperation: A respondent who refuses to engage with the process can cause significant delays.
• Court Holidays: Judicial vacations or holidays can temporarily halt proceedings.

Fast-Tracking a Divorce

Although there is no official “fast track” for divorce, parties can reduce delays by:

• Ensuring proper documentation and evidence are ready.
• Choosing mediation or negotiation to settle disputes outside of court.
• Being cooperative and responsive to court requests.

 

What Is a Wife Entitled to in a Divorce Settlement in Nigeria?

In other countries like America, wives usually get half or more of what the husband owns. A Nigerian man may be curious if he will lose everything he worked all his life for. And a wife wonders if she gets nothing. In Nigeria, the entitlements of a wife during a divorce are not explicitly fixed but are determined based on the circumstances of the marriage and the discretion of the court. The court considers several factors, including the financial contributions of both parties, the welfare of children, and the standard of living during the marriage.

 

Key Entitlements for a Wife

1. Maintenance (Alimony)
   • The court may order the husband to provide financial support for the wife, either temporarily or permanently, especially if she is unemployed or unable to sustain herself.
   • The amount and duration of maintenance depend on the husband’s income and the wife’s needs.
2. Custody of Children
   • Custody arrangements prioritize the welfare of the children. While there is no automatic presumption in favor of the wife, courts often grant custody of young children to the mother unless evidence proves she is unfit.
   • The non-custodial parent is usually granted visitation rights and may be required to pay child support.
3. Right to Matrimonial Property
   • In divorce settlements, property division is based on equitable sharing rather than equal sharing.
   • If the wife contributed financially or otherwise (e.g., through domestic responsibilities) to acquiring the property, she may be entitled to a share.
   • Courts may order the sale of property or allocate it to one party while compensating the other.
4. Right to Residence
   • If the wife has custody of minor children, the court may grant her the right to reside in the matrimonial home to ensure stability for the children.
   • This right is often temporary and linked to the children’s welfare.

Legal Principles Governing Settlements

• The Matrimonial Causes Act emphasizes fairness and the welfare of the children as the primary considerations in divorce settlements.
• Nigerian courts do not automatically award property or maintenance based on gender; entitlements are assessed case-by-case.

Customary and Islamic Marriages

For marriages conducted under customary or Islamic law, divorce settlements may follow traditional or religious principles:

• Under customary law, the wife may receive her bride price if the marriage is dissolved.
• Under Islamic law, the wife is entitled to a Mahr (dower) if it was not fully paid during the marriage, as well as a maintenance period (Iddah).

Practical Considerations

1. Proof of Contribution:
   • A wife seeking a share of property must provide evidence of her financial or non-financial contributions.
2. Legal Representation:
   • Hiring a competent family lawyer can help ensure fair negotiations and settlements.

Challenges Wives Face in Divorce Settlements

• Cultural Biases: Traditional norms may favor men in property ownership, complicating claims for wives.
• Lack of Documentation: Many wives do not have documented proof of their contributions to joint assets.

Authorities and Legal Precedents

• The case of Nanna v. Nanna (2006) highlighted the importance of equitable sharing of matrimonial property.
• Matrimonial Causes Act, 1970, Section 72, addresses maintenance and financial provisions.

Summary of Nanna v. Nanna (2006)

What happened?
In this case, a couple was divorcing, and the main issue was dividing the property they had acquired during their marriage. The husband claimed he alone owned most of the property, while the wife argued that her efforts—like raising children, managing the home, and supporting the family—should also be considered when deciding who gets what.

What the court decided:
The Court of Appeal ruled that property should be divided fairly, not necessarily equally. They recognized that contributions like caregiving, housework, and emotional support are important and should be taken into account. This means a wife can get a share of property even if she didn’t earn the money directly, as long as her contributions to the family’s well-being were significant.

Why it matters:
The case set a key legal precedent in Nigeria, showing that property division during a divorce isn’t just about who earned the money but also who contributed in other ways, like raising children or managing the home. It helps ensure fairness for both spouses, especially women, in divorce settlements.

 

Who Keeps the Child After Divorce in Nigeria?

Another issue that arises during the divorce process is the children, if the couple has any. In Nigeria, custody of children following a divorce is primarily governed by the Matrimonial Causes Act and customary or Islamic law, depending on the type of marriage. The primary consideration in custody decisions is the welfare of the child.

Legal Framework

1. Matrimonial Causes Act
   • The Act prioritizes the best interests of the child as the primary consideration in custody decisions.
   • Custody arrangements may be granted based on which parent is deemed better suited to provide the child with emotional, financial, and social stability.

Custody Types

1. Legal Custody:
   • Refers to the right to make major decisions concerning the child’s upbringing, such as education, religion, and healthcare.
   • The court may grant joint custody or sole custody to one parent, depending on the circumstances.
2. Physical Custody:
   • Refers to where the child will live on a day-to-day basis.
   • Courts often lean towards awarding primary custody to the mother, particularly if the children are young, unless the mother is deemed unfit.

Determining Custody

1. Best Interests of the Child:
   • The court considers factors such as the child’s age, the parent’s ability to provide stability, the parent-child relationship, and evidence of any potential harm (e.g., neglect or abuse).
   • Courts are increasingly recognizing the importance of both parents maintaining a relationship with their children post-divorce, leading to joint custody arrangements in some cases.
2. Custody to Fathers:
   • In cases where the father can demonstrate he can provide a stable environment and better care for the child, custody may be granted to him.
   • Custody is not automatically awarded to mothers, though they are often favored, especially for younger children.

Custody Under Customary and Islamic Law

• Customary Law:
  • The wife is traditionally seen as the primary caregiver, particularly for younger children. Custody typically goes to the mother unless she is deemed unfit.
• Islamic Law:
  • Custody (Haddana) often goes to the mother, especially if the child is below seven years old, but fathers may be granted custody upon reaching a certain age (usually after puberty).

Challenges

• Stigma and Cultural Bias:
  • Some communities hold traditional views that favor mothers in custody battles, which may disadvantage fathers seeking custody.
• Child Support:
  • Regardless of custody, the non-custodial parent (usually the father) is often required to provide financial support (child maintenance).

Legal Precedent

• In Ajayi v. Ajayi (2006), the court emphasized the child’s welfare as the primary concern, moving away from outdated gender-based custody decisions.

Summary of Ajayi v. Ajayi (2006)

What happened?
In this case, a couple was getting divorced, and the main issue was who should get custody of their child. The mother wanted custody, but the father also wanted custody.

What the court decided:
The court ruled that the best interests of the child should come first, not just who the child lived with during the marriage. They emphasized that both parents should be considered, but the focus should be on what would provide the child with the best care and stability.

Why it matters:
The decision helped move custody decisions away from traditional views (where mothers were typically favored) and toward ensuring that the child’s welfare is the most important factor. It opened the door for fathers to seek custody if they could provide a stable environment.

How is Property Divided in a Divorce in Nigeria?

Earlier we considered what a wife is entitled to. It is important to examine further how property is shared between spouses. In Nigeria, the division of property during a divorce is guided by principles of equitable distribution, meaning the court seeks to fairly divide the matrimonial property between the spouses. The Matrimonial Causes Act (1970) governs property settlements, ensuring both parties are provided for, taking into account their respective contributions to the marriage.

Key Principles of Property Division

1. Equitable Distribution
   • The law emphasizes fairness, not necessarily equality. The court will consider the financial and non-financial contributions made by each spouse.
   • Contributions like income, child-rearing, homemaking, and other forms of support are considered valuable.
2. Types of Property Considered
   • Matrimonial Property: Assets acquired during the marriage, including homes, land, businesses, and joint investments.
   • Non-Matrimonial Property: Property acquired before or outside the marriage is usually not shared unless there is evidence of contribution by one or both parties.
3. Contributions
   • Financial Contributions: Money earned by either spouse, business ventures, or joint assets acquired during the marriage.
   • Non-Financial Contributions: Roles such as child-rearing, homemaking, and emotional support are valued and considered by the court.
   • Courts acknowledge that these non-financial contributions contribute to the family’s well-being and are important in property division.
4. Factors Influencing Property Distribution
   • Length of Marriage: A longer marriage may lead to a more significant sharing of property.
   • Age, Health, and Financial Status: The court considers each spouse’s financial needs and capacity to sustain themselves post-divorce.
   • Standard of Living: Property may be divided to maintain the standard of living experienced during the marriage, especially if one spouse enjoyed a higher standard of living due to financial contributions.

Custodial Property (if Children are Involved)

• If children are involved, the court may grant occupancy rights or ownership of the family home to the custodial parent (usually the one with custody).
• The non-custodial parent may be compensated through other assets, child maintenance, or financial support.

Customary Law and Islamic Law

• Customary Law: Property division often follows traditional customs, which may favor the husband due to gender roles.
• Islamic Law: Property division under Islamic law considers the husband’s financial obligations and may allocate specific shares to wives or dependents.

Legal Precedent

• In Nanna v. Nanna (2006), the court ruled that property division should be equitable, recognizing both financial and non-financial contributions.
• The case emphasized that contributions made by the wife, such as domestic duties, should not be overlooked.

Challenges

• Cultural Biases: Some traditions may disadvantage women, especially in property division, despite their significant contributions.
• Documentation: Lack of proof of financial or non-financial contributions can affect entitlement to property.

 

How Long Does a Divorce Take if One Party Doesn’t Agree in Nigeria?

A divorce can become messier if one spouse refuses to accept the situation. In Nigeria, if one party does not agree to the divorce, the process can become significantly longer and more complex compared to an uncontested divorce.

Typical Timeline for Contested Divorces

1. Uncontested Divorce:
   • Takes about 6 months to 1 year to conclude.
2. Contested Divorce:
   • Can take 1 to 3 years or more, depending on the level of disagreement and court delays.

Factors That Prolong Contested Divorces

1. Disagreement Over Terms:
   • If one spouse refuses to cooperate or contests the divorce, issues such as custody, property division, and maintenance may need to be resolved through court intervention.
2. Service of Process Issues:
   • Serving divorce papers to a non-cooperative spouse can be time-consuming, especially if the respondent is difficult to locate or refuses to acknowledge the proceedings.
3. Court Backlogs:
   • Nigeria’s judicial system often faces delays due to a high volume of cases and limited resources, leading to long waiting periods for hearings.
4. Mediation and Reconciliation Efforts:
   • Courts may require mediation or attempts at reconciliation, which can extend the process if the parties do not agree.
5. Court Hearings and Adjournments:
   • Multiple court sessions are often required to address disputes, and delays due to adjournments can add months to the proceedings.

Legal Requirements

• Decree Nisi and Decree Absolute:
  • The court must issue a Decree Nisi (provisional divorce order), typically after 3 months, followed by the Decree Absolute to finalize the divorce.
  • If one party contests, the court may hold the Decree Nisi in abeyance, extending the timeline.

Possible Outcomes in Contested Cases

1. Joint Custody:
   • In some cases, the court may award joint custody if both parties are found fit to care for the children.
2. Property Division:
   • Disagreements over property can prolong the divorce as courts deliberate on equitable distribution.
3. Maintenance and Support:
   • If there are disputes over spousal maintenance or child support, these matters may require separate court hearings and rulings.

Authorities and Precedents

• Matrimonial Causes Act:
  • Emphasizes that a contested divorce will proceed on the basis of fairness and equitable distribution of property, custody, and maintenance.
• Ajayi v. Ajayi (2006):
  • Reinforces that contested divorces are handled based on the best interests of the children and fair property division.

 

What Happens if the Respondent Does Not Respond to the Divorce Petition in Nigeria?

A peculiar situation arises if one spouse refuses to respond to the divorce petition. If the respondent (the party being served) does not respond to the divorce petition, the process may proceed in their absence, but it could also lead to certain complications or delays.

Steps and Legal Implications

1. Service of Divorce Papers
   • The petitioner (the person seeking the divorce) is required to serve the respondent with the divorce petition.
   • If the respondent cannot be located or refuses to acknowledge the petition, the petitioner may apply for an alternative form of service, such as through publication in a newspaper or via public notice.
2. Default Judgment
   • If the court is satisfied that proper efforts have been made to serve the respondent and there is no response, the court may proceed to grant a default judgment.
   • A default judgment means the court may grant the divorce even though the respondent did not actively participate in the proceedings.
   • The court may also decide on other issues like property division, custody, and maintenance without the respondent’s input.
3. Respondent’s Absence and Custody Decisions
   • If the respondent is absent, the court may make custody decisions, including child custody, based on the best interests of the child without the respondent’s input.
   • The custodial parent may be awarded physical custody of the child, but the non-custodial parent may still be responsible for paying child support.
4. Property Division and Maintenance
   • The court may proceed to divide matrimonial property based on the petitioner’s evidence of contributions, focusing on fairness and equity under the Matrimonial Causes Act (1970).
   • The respondent’s non-response does not absolve them from obligations such as property division or maintenance, as these are determined based on evidence provided by the petitioner.
5. Challenges and Delays
   • If the respondent does not respond, the case could be delayed due to procedural steps like proving service was made or waiting for court approval to move forward with a default judgment.
   • Some courts may have limited resources, leading to longer delays in granting default judgments.

Legal Precedent

• Ajayi v. Ajayi (2006) emphasized that courts prioritize the best interests of the child and equitable property distribution even when one party is absent from the proceedings.
• Courts typically rely on the evidence and submissions from the petitioner to make decisions on issues like property division and child custody.

 

Do I Have to Appear in Court for a Divorce in Nigeria?

Another concern when it comes to divorce in Nigeria is, will i have to be physically attend court sessions? Some folks feel some way about appearing in court because they compare the situation with that of a criminal. Whether or not you need to appear in court for a divorce depends on the type of divorce proceedings—whether it’s contested or uncontested—and the specific circumstances of the case.

Types of Divorce and Court Appearances

1. Uncontested Divorce
   • In an uncontested divorce, both parties agree on all terms, including property division, custody, and maintenance.
   • If both parties submit a consent or settlement agreement, and the court finds the terms fair, the court may not require both parties to appear.
   • The process is often smoother and quicker, with hearings potentially limited to a single appearance to finalize the divorce.
   • No court appearance may be necessary if all agreements are properly documented and accepted by the court.
2. Contested Divorce
   • In a contested divorce, there are disagreements over issues such as property division, child custody, or maintenance.
   • The court may require multiple hearings, during which both parties must appear and present evidence.
   • Non-appearance by the respondent could lead to delays and possible default judgments, but the petitioner still needs to attend to represent their case.
3. Matrimonial Causes Act
   • The Act provides for both spouses to have the right to be heard.
   • The court requires evidence and testimony from both parties when disputes arise, especially regarding issues like custody, property, and maintenance.
   • If one party is unwilling to cooperate or fails to appear, the court may proceed with default judgments but could delay decisions on contested matters.

Potential Outcomes of Non-Appearance

• Default Judgment:
  If the respondent fails to appear, the court may proceed with granting the divorce based on the evidence provided by the petitioner.
• Delays and Adjournments:
  If one party does not appear, especially in contested cases, the court may adjourn proceedings, leading to extended delays.

Legal Precedents

• Ajayi v. Ajayi (2006):
  Emphasizes the importance of both spouses being heard, particularly regarding child custody and property division, even in contested divorces.
• Matrimonial Causes Act:
  Requires that both parties be heard, ensuring fairness, even when one party defaults.

 

How to Write a Divorce Letter to Your Wife in Nigeria?

Writing a divorce letter to your wife should be approached with care and respect, as it marks a significant emotional and legal step in your relationship. A divorce letter is typically addressed to inform your spouse about your intention to dissolve the marriage and provide a formal written record of the decision.

Steps to Writing a Divorce Letter

1. State Your Intent Clearly
   • Begin by clearly stating your intention to seek a divorce and the reasons behind it (e.g., irreconcilable differences, lack of mutual understanding, etc.).
   • Example:
     “I am writing this letter to formally inform you of my decision to seek a divorce due to [briefly mention the reasons].”
2. Express Your Respect and Consideration
   • Even though the relationship may be ending, it is important to maintain respect and show empathy toward your spouse.
   • Example:
     “I want to express my gratitude for the time we have spent together and acknowledge the positive moments in our lives.”
3. Mention Legal Steps and Your Responsibilities
   • Indicate that you will be filing for divorce through the appropriate legal channels (e.g., the Matrimonial Causes Act).
   • Example:
     “I plan to file a divorce petition with the court and will ensure all necessary legal procedures are followed.”
4. Offer a Plan for Separation or Custody (if applicable)
   • If children are involved, address custody and visitation arrangements, and mention any contributions regarding property or maintenance.
   • Example:
     “I believe the best interests of our children would be served by [proposed custody/arrangement]. I am committed to providing financial support as required by law.”
5. End on a Civil Note
   • Conclude the letter by wishing your spouse well and emphasizing a desire to handle the divorce process respectfully.
   • Example:
     “I hope we can move forward amicably and ensure that this transition is as smooth as possible for everyone involved.”

Sample Divorce Letter Format

[Your Name]
[Your Address] [City, State, Zip Code] [Date]

[Wife’s Name]
[Wife’s Address] [City, State, Zip Code]

Dear [Wife’s Name],

I hope this letter finds you well. I am writing to inform you of my decision to seek a divorce due to [briefly mention the reasons such as irreconcilable differences or other concerns].

Over the years, we have shared many moments, and while we may no longer continue as a couple, I deeply respect the relationship we’ve had and the family we built together.

I plan to file a divorce petition with the court, and I will ensure all necessary legal processes are followed. I believe it is important that we prioritize the well-being of our children, and I am open to discussing custody and visitation arrangements. I am also committed to supporting the children financially as required by law.

I hope we can handle this process with understanding and respect, and that we can both move forward in peace.

Wishing you all the best.

Sincerely,
[Your Name]

 

How Much Does the Divorce Fee Cost in Nigeria?

The cost of obtaining a divorce in Nigeria varies depending on several factors, including the type of divorce (contested or uncontested), the court, and legal representation. The fee structure is primarily governed by the Matrimonial Causes Act, 1970, and subsequent regulations.

Breakdown of Divorce Costs

1. Filing Fee for Divorce Petition
   • The primary cost is the filing fee, which varies depending on the court.
   • For a high court, the filing fee typically ranges from N50,000 to N100,000 or more, depending on the jurisdiction and the complexity of the case.
   • Lower courts may have reduced fees (e.g., sharia courts or customary courts).
2. Service of Divorce Papers
   • If the respondent is difficult to locate, additional costs may be incurred for alternative service, such as publishing a notice in a newspaper.
   • These publication fees can add anywhere from N10,000 to N50,000, depending on the court and method used.
3. Legal Representation (Optional)
   • Hiring a lawyer is optional but advisable, especially in contested divorces where legal expertise is needed to navigate property division, custody, and maintenance.
   • Legal fees can range from N100,000 to N500,000 or more, depending on the complexity of the case and the lawyer’s experience.
4. Court Fees for Hearings and Decree Absolute
   • Additional court fees are payable for each hearing or session.
   • These could include N10,000 to N20,000 per session or application, depending on the court’s requirements.
   • Decree Absolute: This is the final decree issued by the court to legally end the marriage, and it comes with its own fee of N10,000 to N50,000.
5. Miscellaneous Costs
   • Costs such as affidavits, documentation, and stamp duty may also apply, adding extra expenses.
   • An affidavit may cost around N2,000 to N5,000 per document.

Legal Precedent

• Matrimonial Causes Act:
  • The Act governs divorce proceedings and outlines the fees associated with filing and finalizing the divorce.
  • It provides a framework for ensuring that all parties meet their legal obligations, including the payment of prescribed court fees.

The total cost of a divorce in Nigeria typically ranges from N50,000 to N500,000 or more, depending on whether the divorce is contested, the complexity of the case, and legal representation.

 

Can I Remarry Without Getting a Divorce in Nigeria?

Remarrying without obtaining a divorce is generally not legally recognized. The country follows the legal requirements set out by the Matrimonial Causes Act, 1990, which governs marriage and divorce under Nigerian law.

Key Points on Remarriage and Divorce

1. Legal Requirement for Divorce
   • According to the Matrimonial Causes Act, a marriage in Nigeria remains legally binding until it is formally dissolved by a court.
   • Decree Absolute: The court must issue a Decree Absolute to legally end the marriage before either party can remarry.
   • Without obtaining this decree, any attempt to remarry would be considered invalid.
2. Grounds for Divorce
   • The Matrimonial Causes Act allows for divorce on several grounds, such as adultery, cruelty, abandonment, or irreconcilable differences.
   • Once a court grants a divorce on these grounds and issues a Decree Absolute, the marriage is legally terminated, and the parties are free to remarry.
3. Consequences of Remarrying Without a Divorce
   • Remarrying without obtaining a divorce can lead to serious legal consequences, including nullification of the new marriage by the court.
   • Such marriages may not be recognized by law, and any property, inheritance, or custody decisions may be disputed.

Legal Precedent

• Oni v. Oni (2016):
  • Reinforced the requirement of a Decree Absolute for remarriage, emphasizing that a marriage is only considered legally dissolved when the court formally grants the divorce and issues the Decree Absolute.

You cannot legally remarry in Nigeria without obtaining a divorce and receiving a Decree Absolute from the court. This ensures that the marriage is formally dissolved, providing clarity on marital status before entering into a new marriage.

 

What is the Longest Time a Divorce Can Take in Nigeria?

The duration of a divorce process in Nigeria depends on several factors, including whether the divorce is contested or uncontested, the complexity of the case, and the efficiency of the courts.

Key Factors Affecting the Duration of Divorce

1. Contested Divorce
   • A contested divorce occurs when there are disagreements over issues like property division, child custody, or spousal support.
   • In such cases, the process tends to be longer due to the need for court hearings, evidence gathering, and legal arguments.
   • It may take anywhere from 1 to 5 years or more, depending on the court’s caseload, the complexity of the issues involved, and the responsiveness of the parties.
2. Uncontested Divorce
   • An uncontested divorce happens when both parties agree on all terms (property division, custody, etc.), and there are no disputes.
   • In this case, the process tends to be faster and can be completed within 6 to 12 months if there are no delays in filing, serving documents, and obtaining a Decree Absolute.
3. Procedural Delays
   • Delays often arise from backlogs in court dockets, especially in high courts with a heavy workload.
   • Issues like non-appearance of parties, difficulties in locating respondents, or delays in court orders can further extend the timeline.
   • Administrative or bureaucratic inefficiencies can add several months or even years to the process.

Legal Precedents

• Matrimonial Causes Act:
  • Establishes the framework for divorce proceedings in Nigeria and emphasizes the need for court timelines and fairness.
  • However, delays often arise due to procedural issues rather than the legal framework itself.

The duration of a divorce in Nigeria can range from 6 months to several years, depending on whether the divorce is contested or uncontested, the cooperation of both parties, and the efficiency of the legal system.