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A Practical Guide to Filing For A Divorce In Nigeria

[WHAT YOUR LAWYER WANTS YOU TO KNOW]

Divorce is never easy emotionally and legally. In Nigeria most people are unaware of what the actual divorce process looks like until they are already in the middle of it. Whether you’re considering a divorce or already preparing to file, this guide breaks down the essential steps, documents, and legal insights your lawyer wishes you knew from the start.

TYPES OF DIVORCE IN NIGERIA

Before anything else, it is pertinent to understand what kind of marriage you’re in. Divorce in Nigeria depends largely on whether your marriage is:

Statutory(registered under the marriage Act, usually in a registry) or customary.

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 the 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 is considered as customary marriage in Nigeria. Also, marriages conducted in unlicensed category. It is the Customary Courts that have the jurisdiction to hear matters with respect to this type of marriage.

This write-up shall focus on the procedure for the dissolution of statutory marriage.

This article focuses on the procedure for the dissolution of statutory marriages.

                   GROUNDS FOR DIVORCE IN NIGERIA

By the provision of the Matrimonial Causes Act, there is only one ground for dissolution of marriage in Nigeria which is that the marriage has broken down irretrievably. In establishing this ground, one of more of the following must have occurred and must be proved in court:

  1. The Respondent has willfully and persistently refused to consummate the marriage.
  2. The Respondent has committed adultery and the petitioner finds it intolerable to live with the Respondent.
  3. The Respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the Respondent.
  4. The Respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition.
  5. 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.
  6. The Parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition;
  7. 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.
  8. 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. Filling of a divorce petition in court;

The professor 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;

  1. Petition for decree of dissolution of marriage
  2. Notice of petition for decree of dissolution of marriage.
  3. Verifying affidavit.
  4. Certificate relating to reconciliation to be signed by the legal practitioner.
  5. Acknowledgement of service
  6. Notice of Address for service.
  7. Copy of Marriage Certificate.
  •  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 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.

  • Court proceedings

In some cases, the court may require the parties to explore the possibility of reconciliation fails, the court will proceed to consider the case.

During the trial, both parties will present their case with evidence and witnesses where necessary. Upon representing the parties will present legal arguments in support of the facts and evidence presented by the parties.

  • 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.

Conclusion Divorce in Nigeria is a multifaceted process influenced by different factors including the legal system, cultural norms, and religious beliefs. Also, the process requires strict adherence to specific rules and procedures. 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.

Author

Fortune Chambers