Divorce is the legal dissolution of a valid marriage by a court of law, bringing the marital relationship to an end and enabling the parties to remarry if they so choose. In Nigeria, divorce proceedings are governed by the Matrimonial Causes Act and are initiated by a petition to the appropriate High Court.
GROUND FOR DIVORCEUnder Nigerian law, there is only one sole ground for the dissolution of marriage:
THAT THE MARRIAGE HAS BROKEN DOWN IRRETRIEVABLY.
To establish this ground, the petitioner must prove one or more of the facts listed under Section 15(2) of the Matrimonial Causes Act, including:
- That the respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent.
- That the responTo establish this ground, the petitioner must prove one or more of the facts listed under Section 15(2) of the Matrimonial Causes Act, including:
- dent has behaved in such a way that the petitioner cannot reasonably be expected to live with them.
- That the respondent has deserted the petitioner for a continuous period of at least one year.
- That the parties have lived apart for a continuous period of at least two years, and the respondent consents to the decree.
- That the parties have lived apart for at least three years, irrespective of consent.
- That the other party has, for a period not less than one year, failed to comply with a decree of restitution of conjugal rights.
- That the other party has been absent under such circumstances and for such time as to provide reasonable grounds for presuming death.
POST-FILING PROCEDUREAfter the divorce petition is filed, the respondent is allowed 28 days to respond and join issues.
The court will then fix a date for mention and subsequently schedule a hearing date.
At the hearing, evidence will be presented, and the petitioner may be subjected to cross-examination by the respondent’s legal representative.
DECREE NISI & DECREE ABSOLUTEIf the court is satisfied that the petitioner has proven the ground for divorce, it may issue a Decree Nisi—a provisional order.
This decree becomes Decree Absolute (final and legally effective) after a specified waiting period—typically six weeks to three months, unless children under 16 are involved.
In cases involving children, the court must be satisfied that adequate arrangements have been made for their:
- Financial needs
- Educational needs
- Emotional needs
- Religious upbringing
- Any special needs
Only then will the court grant the Decree Absolute, legally dissolving the marriage.
ANCILLARY RELIEFThe court may also make orders for:
- Custody of children
- Maintenance of a spouse or former spouse
- Settlement of property