Overview of Divorce in Nigeria
In Nigeria, the process for obtaining a divorce depends on the type of marriage. A statutory or registry marriage is dissolved in a High Court, while a customary or traditional marriage is dissolved in a Customary Court.
It’s important to note that Courts are usually reluctant to dissolve marriages and would prefer that the Parties reconcile. It is therefore important that the right grounds are proved to secure a Decree Nisi.
The sole legal ground for divorce is that the marriage has broken down irretrievably. To prove this, one of the following facts must be established:
Grounds for Divorce
These grounds require the petitioner to prove that the respondent’s actions led to the marriage’s breakdown.
- Willful Refusal to Consummate: The respondent has deliberately and persistently refused to have sexual intercourse with the petitioner.
- Adultery: The respondent has committed adultery, and the petitioner finds it intolerable to continue the marriage.
- Unreasonable Behavior: The respondent’s behavior is such that the petitioner cannot reasonably be expected to live with them. This includes cruelty, habitual drunkenness, or criminal behavior like rape.
- Desertion: The respondent has deserted the petitioner for a continuous period of at least one year.
- Failure to Comply with a Decree: The respondent has failed to comply with a court order for the restitution of conjugal rights for at least one year.
- Presumption of Death: The respondent has been absent for a period and in circumstances that provide reasonable grounds to presume they are dead. This is legally presumed after seven years of absence.
Under the above grounds, the petitioner would be asking the Court to dissolve the marriage because he/she believes that the other party did something wrong to warrant the decision to seek a dissolution of the marriage. If the Petitioner fails to prove the case or where he/she is found liable of adultery, the Court may likely dismiss the petition and in some cases award damages.
The following grounds are based on separation and are recommended for a faster and less confrontational divorce process:
- Two-Year Separation: The parties have lived apart for a continuous period of at least two years, and the respondent does not object to the divorce.
- Three-Year Separation: The parties have lived apart for a continuous period of at least three years, regardless of the respondent’s consent.
The Divorce Process: Step-by-Step
The divorce process for a statutory marriage is a legal proceeding that requires a specific series of actions. It is important to note that the High Court of any state in the federation has been vested with the jurisdiction to determine any Matrimonial Causes matter in Nigeria ( section 2 of the Matrimonial Causes Act)
- Consultation with a Lawyer: The first step is to seek legal counsel. A lawyer will review the case, advise on the appropriate grounds, and guide you through the process.
- Filing the Petition: The lawyer prepares and files a divorce petition with the High Court. The petition is a formal document that outlines the grounds for divorce, provides personal details of the parties, and requests any reliefs concerning child custody, maintenance, and property settlement. Essential documents, including the marriage certificate, must be attached.
- The Two-Year Rule: Proceedings cannot be initiated within the first two years of marriage without the court’s special permission. This leave is only granted in cases of exceptional hardship or exceptional depravity, though certain grounds like adultery or non-consummation are exempt from this rule.
- Court Proceedings: The respondent can file an answer to the petition. The court may also order a compulsory conference to facilitate reconciliation, particularly in cases involving children or property. All divorce proceedings are heard in a public court.
- Court Orders (Decree Nisi and Decree Absolute): If the court is satisfied that the marriage has irretrievably broken down, it will grant a Decree Nisi. This is a provisional order that takes effect after a three-month waiting period. The purpose of this period is to allow for reconciliation or for any appeals to be filed. If no appeal is filed and the parties do not reconcile, the decree becomes a Decree Absolute, which officially dissolves the marriage.
- Cost and Duration: The cost of a divorce in Nigeria varies depending on the complexity of the case and the legal fees of the lawyers involved. A straightforward divorce can take approximately a year, but a complicated or contested case can last anywhere from three to five years.
Obtaining a divorce in Nigeria takes time and is emotionally straining. At the end of the process, both parties may come out as sworn enemies. If you must adopt any of these grounds, you must tread cautiously by seeking appropriate expert opinion.
The content of this article serves as a general legal guide. Ensure secure legal advice for your particular circumstance.
