The rate of divorce has been rising, and this topic is on everyone’s mind. Marriage isn’t always easy, and consequently, couples sometimes feel like giving up. However, while the law allows for divorce, people must think carefully before starting the process. Therefore, in Nigeria, our laws make getting a divorce difficult on purpose. This article looks at the valid reasons for divorce in Nigeria and the unacceptable ones that courts won’t approve.
WHAT IS DIVORCE
A divorce is the end of a marriage. It is a legal process that breaks up a marital union. Consequently, getting a divorce can be long and difficult because of the many steps you have to take.
Furthermore, according to the law (Section 15 of the Matrimonial Causes Act), a court will only grant a divorce if the marriage has “irretrievably broken down.” Therefore, the court uses this rule to prevent people from getting a divorce for what are considered unacceptable reasons for divorce in Nigeria.
UNACCEPTABLE REASONS FOR DIVORCE IN NIGERIA
While many factors can strain a marriage, the court will only grant a divorce based on specific legal grounds. Nonetheless, here are some of the most common reasons that courts deem unacceptable for granting a divorce.
Lack of Communication: Not talking to each other is a common problem. However, on its own, it is not enough to get a divorce. The court might suggest counseling or mediation instead.
Minor Fights: Small disagreements or petty arguments are normal in any marriage. Thus, the court won’t see them as enough reasons to end a marriage.
Temporary Separation: A short time living apart is not a valid reason for divorce. The law says you must be separated for at least 12 months for desertion to be a valid reason. Therefore, a court considers a separation shorter than that as an unacceptable reasons for divorce in Nigeria.
Boredom or Lack of Romance: Feeling bored or that romance is gone is not a good reason for a court to dissolve a marriage. Consequently, this is especially true without any proof of cruelty. These are simply unacceptable reasons for divorce in Nigeria.
Financial Problems: Being in a tough financial spot or losing a job is not a strong reason for divorce. However, this changes if one person is purposely being irresponsible with money. The court sees financial issues alone as unacceptable reasons for divorce in Nigeria.
Less Intimacy: A drop in physical intimacy is not a sufficient reason for divorce. Similarly, this is only a valid reason if it’s due to one person intentionally refusing or a medical issue. The court considers a lack of intimacy an unacceptable reason for divorce on its own.
Conclusion on Reasons for Divorce
People consider marriage a lifelong commitment. Therefore, a court will only grant a divorce if the reason for the marriage ending is very serious and legally valid. Consequently, you must know what counts as unacceptable reasons for divorce in Nigeria. Thus, you will avoid wasting time and effort on a petition that the court won’t grant.
CONTRIBUTORS
Lead Partner EKO SOLICITORS AND ADVOCATES
Counsel EKO SOLICITORS AND ADVOCATES
OLUFADE TEMITOPE