September 30, 2024

WHAT YOU NEED TO KNOW ABOUT DIVORCE IN NIGERIA

by Eko Solicitors

1.0 Introduction

Before 1970, Nigeria used a fault-based system to adjudicate divorce cases. Specifically, those who know about divorce understand that this era required spouses to prove wrongdoing to dissolve a marriage. Then, in 1970, lawmakers adopted the Matrimonial Causes Act (MCA), modeling it after the English Divorce Act of 1960 and shifting the system toward a non-fault-based approach.

A divorce process may be initiated without needing to prove fault by either party. Nevertheless, the requirement to establish certain facts and retain elements of the matrimonial offence theory undermines the intent of a non-fault-based system.

This article aims to discuss the plague befalling the dissolution of statutory marriage in Nigeria with recommendations. Anyone who wants to know about divorce in Nigeria must understand how this contradiction affects real cases. Gaining a proper know about divorce perspective is key to navigating the system and advocating for reform.

2.0 Understanding Divorce of Statutory Marriage in Nigeria

Dissolution, according to the Oxford English Dictionary, is the “formal closing down or ending of an official body or agreement.” For those who know about divorce, this reflects the termination of a marriage contract. The parties to a marriage contract can dissolve it, which is also called divorce. This article will use both terms interchangeably.

Nigeria legally recognizes statutory marriage as one of its marriage systems. The Marriage Act and the Matrimonial Causes Act principally regulate it. To know about divorce within the context of statutory marriage, it is essential to understand that divorce is a matrimonial cause under the Matrimonial Causes Act. The High Court of a State is vested with the appropriate jurisdiction over such suits. Anyone seeking to know about divorce in Nigeria must be familiar with these foundational legal provisions.⁴.

3.0 Evolution of the Divorce of a Statutory Marriage in Nigeria

Before 1970, Nigeria operated a fault-based divorce system, also referred to as the matrimonial offence theory. Specifically, for anyone who wants to know about divorce in Nigeria, this era required one spouse to prove the other’s wrongdoing—such as adultery or cruelty—to dissolve a statutory marriage..

The legal landscape shifted with the enactment of the Matrimonial Causes Act, 1970 (MCA), modeled after the English Divorce Act of 1960. This marked Nigeria’s move toward a non-fault-based divorce system, introducing a new legal framework for the dissolution of statutory marriages.

Under the MCA, a statutory marriage can only be dissolved on one ground: that the marriage has broken down irretrievably. However, to prove this, a petitioner must establish at least one of eight specific facts listed under Section 15 (a–h) of the Act. These include both fault-based elements—such as adultery, intolerability, unreasonable behavior, and willful refusal to consummate—and non-fault-based facts like living apart for three years or more.

Although the law intends to reflect a non-fault divorce system, the continued presence of fault-based elements reveals that Nigeria still operates a hybrid or partial fault-based model. Those who know about divorce laws in Nigeria will recognize the tension between the law’s non-fault objectives and its embedded remnants of the older system.

In summary, to truly know about divorce in Nigeria, one must understand both the modern legal requirements under the MCA and the historical roots that continue to shape divorce proceedings today.

4.0 What You Should Know About Divorce: Lessons from England’s 2022 No-Fault Divorce Law(Recommendations)

In 2022, England introduced a new divorce law that promotes a more flexible and less adversarial divorce process. For those who want to know about divorce reforms around the world, this law stands out as a progressive shift. Under the new system, couples no longer need to prove their marriage has irretrievably broken down by relying on specific fault-based facts. Instead, a simple statement of irretrievable breakdown serves as conclusive evidence, allowing a true no-fault divorce to proceed.

If both spouses agree the marriage is over, they can file a joint divorce application. If only one spouse wants to end the marriage, that party can file a sole application. This approach helps reduce conflict, stress, and legal hurdles during the separation process—something anyone who wants to know about divorce procedures will appreciate.

However, the law requires a 20-week “cooling-off” period between the initial application and the Conditional Order of divorce. This period gives couples time to reflect, reconsider, and possibly reconcile before finalizing the dissolution. It offers a balanced solution to protect both emotional and legal interests.

Legal experts recommend that Nigeria reform its divorce law to reflect modern realities by moving away from the partial fault-based structure embedded in the Matrimonial Causes Act (MCA). Unlike England’s updated framework, Nigeria still requires spouses to prove one of eight facts under Section 15 of the MCA, many rooted in blame and fault.

The MCA also requires couples to wait two years before starting a divorce, though exceptions apply. To better serve modern families, experts suggest reducing this waiting period to 13 months, enabling couples who know about divorce processes to act more swiftly and realistically when a marriage has clearly broken down.

4.0 Conclusion

Lawmakers should amend Nigeria’s divorce law to respond to global changes. Furthermore, courts should dissolve the empty legal shell promptly instead of forcing two adults with disagreements to remain legally bound when they no longer want to be together.

End Notes

1. Chapter M7 Laws of the Federation of Nigeria 2004