DIVORCE IN NIGERIA: LEGAL PROCEDURES FOR CUTTING OF MARITAL TIES AND DISSOLUTION OF MARITAL UNIONS
November 13, 2025
DIVORCE IN NIGERIA
Divorce is a legal procedure for cutting of marital ties and the dissolution of marital union. The process for divorce in Nigeria involves specific procedures that must be followed depending on the type of marriage conducted. This article outlines the legal processes, grounds for divorce, and other important considerations for those who intend to go through a divorce process in Nigeria.
Types of Marriage and Jurisdiction of Courts.
In Nigeria, there are primarily two types of marriage, namely Statutory Marriage and Customary Marriage. It is crucial to identify the type of marriage that was conducted before commencing the divorce process because it determines the Court with the jurisdiction to hear the matter.
- Statutory Marriage: This refers to marriages conducted under the Marriage Act. They are usually conducted at the Marriage Registry or a licensed place of worship such as churches. It is the State High Courts and High Court of Federal Capital Territory that have the jurisdiction to entertain cases relating to the dissolution of statutory marriages.
- Customary Marriage: This refers to marriages conducted under custom and tradition. Islamic marriage is considered as customary marriage in Nigeria. Also, marriages conducted in unlicensed places of worship (churches) fall within this category. It is the Customary Courts that have the jurisdiction to hear matters with respect to this type of marriage.
Grounds for Divorce in Nigeria
By the Provision of the Matrimonial Causes Act, there is only one ground for the dissolution of marriage in Nigeria, which is that the marriage has broken down irretrievably. In establishing this ground, one or more of the following must have occurred and must be proved in Court:
(a) the Respondent has willfully and persistently refused to consummate the marriage;
(b) the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent;
(c) the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent;
(d) the Respondent has deserted the Petitioner for a continuous period of at least one year immediately preceding the presentation of the petition;
(e) the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent does not object to a decree being granted;
(f) the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition;
(g) the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act;
(h) the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.
The Divorce Process
The divorce process in Nigeria typically involves the following steps:
1. Filing of a Divorce Petition in Court: The process for dissolution of marriage begins by filing a divorce petition in the appropriate court. The petition is expected to outline the grounds for divorce and the facts the Petitioner wishes to rely upon in establishing that the marriage has broken down irretrievably. The necessary documentation to file in court at this stage includes the following:
(a) Petition for decree of dissolution of marriage
(b) Notice of petition for decree of dissolution of marriage.
(c) Verifying affidavit.
(d) Certificate relating to reconciliation to be signed by the legal practitioner.
(e) Acknowledgement of service
(f) Notice of Address for Service.
(g) Copy of Marriage Certificate.
2. Service of the Court Processes: After filing the petition as stated above, the other party must be served with a copy of the divorce papers to ensure they are aware of the proceedings. The other party may then decide to respond to the Petition by filing an Answer. The party may also file a Cross-Petition.
3. Court Proceedings: In some cases, the court may require the parties to explore the possibility of reconciliation. However, if the effort towards reconciliation fails, the court will proceed to consider the case. During the trial, both parties will present their cases with evidence and witnesses where necessary. Upon conclusion of the trial, the legal practitioners representing the parties will present legal arguments in support of the facts and evidence presented by the parties.
4. Judgment: After due consideration of all facts, evidence, and arguments before the Court, the Court will then deliver a judgment either granting or denying the divorce. If the divorce is granted, the Court at this stage grants a “Decree Nisi” which becomes absolute after 3 months.
Additional Considerations
It is worth noting that divorce proceedings can be complex and emotionally draining. It is, therefore, advisable to seek the assistance of a lawyer to navigate the complexities of the process and ensure that rights and interests are well protected throughout.
Furthermore, the court may consider various factors when determining the outcome of a divorce petition, including the welfare of children, if any, and the financial circumstances of the parties involved.
Conclusion
Divorce in Nigeria is a peculiar process that requires strict adherence to specific rules and procedures. It is essential to understand the grounds for divorce, the type of marriage, and the court with jurisdiction to ensure a smooth and successful divorce process.
Ultimately, divorce should be considered a last resort, and parties should explore all avenues for reconciliation before embarking on the divorce process. However, if the marriage has indeed broken down irretrievably, it is essential to seek legal advice to navigate the complexities of the process and ensure that rights and interests are protected.
In conclusion, divorce in Nigeria is a serious and complex process that requires careful consideration and expert guidance. By understanding the legal processes, grounds for divorce, and other important considerations, parties can navigate the complexities of the process and move forward with their lives.
Additional Resources
For further guidance on divorce in Nigeria, please refer to the following Laws:
– Matrimonial Causes Act
– Marriage Act
Ekene John Osuala Esq.
Founder/Managing Partner, BluePrint Attorneys LP
