February 1, 2026

HOW TO GET A DIVORCE IN NIGERIA: WHAT YOU NEED TO KNOW

by Ekosolicitors

INTRODUCTION ON HOW TO GET A DIVORCE IN NIGERIA

Marriage, under Nigerian law, is a social union and a legal relationship governed by statutory and customary principles. When a marriage breaks down irretrievably, the law provides specific procedures for its dissolution commonly referred to as divorce. Divorce is a legal means of bringing a statutory marriage to an end through the court system. Divorce can also be referred to as dissolution of marriage. The law seeks to balance the sanctity of marriage with the reality of an irretrievable breakdown.

LEGAL FRAMEWORK ON HOW TO GET A DIVORCE IN NIGERIA

The dissolution of a statutory marriage in Nigeria is governed exclusively by the Matrimonial Causes Act (MCA), 1970. A suit for divorce is instituted by a petition filed in the High Court of any State. Under Section 15(1) MCA, a party may petition for a dissolution decree on grounds that the marriage has broken down irretrievably. To obtain a divorce, the petitioner must prove irretrievable breakdown using one or more facts from Section 15(2) of the Act.

GROUNDS TO PROVE TO GET A DIVORCE IN NIGERIA

There is only one ground for divorce which is that the marriage has broken down irretrievably. Following the provisions of Section 15(2) MCA, a petitioner must satisfy one of the following facts:

Refusal to consummate marriage: This means that the respondent has deliberately refused to have sexual intercourse with the petitioner despite repeated requests. The petitioner must prove the willful and persistent refusal of the respondent to consummate the marriage since its inception.
Adultery: “That since the marriage, the respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent.” Adultery means voluntary sexual relations between either party to the marriage and a third person in the course of the marriage. The petitioner must prove that the respondent has committed adultery and he/she finds it intolerable to live with them. In Oyeyemi v Oyeyemi, the appellate court upheld the divorce granted by the trial court on the ground of adultery
Unreasonable behaviour: The respondent must have behaved in a way that the petitioner cannot reasonably be expected to live with them. In Nanna v. Nanna, the court held that persistent neglect, cruelty, or violence could amount to intolerable behavior.
Desertion: Desertion means living apart with the intention to end all rights and duties of marriage. The respondent must have deserted the petitioner for a continuous period of at least one year. In Abasi v. Abasi , the court defined desertion as separation with an intention not to return
Living apart: Separation for two years with consent or three years without consent proves the marriage breakdown. (Sections 15(2e&f). In Adekoya v Adekoya, the High Court granted a divorce on the ground of living apart for two years.
Failure to comply with a Restitution of Conjugal Rights Order: There must be proof that one party failed to resume cohabitation after a decree for restitution of conjugal rights.
Presumption of death: Proof is required that the respondent has been missing and unheard of for a continuous period of at least seven years.

THE TWO YEAR RULE

The two-year rule is a statutory restriction on the right to petition for divorce shortly after the marriage. Section 30 MCA prohibits divorce petitions within two years of marriage unless the Court grants special leave. This is to prevent abuse of the sanctity of marriage. For a new marriage, it is advisable to obtain special leave from the court by demonstrating exceptional hardship or depravity. In Nanna v Nanna, it was held that exceptional hardship must be proven and not based on mere dissatisfaction.

PROCEDURE ON HOW TO GET A DIVORCE IN NIGERIA

The divorce process in Nigeria usually commences following these steps:

Filing a petition: Section 54(1) MCA provides that every matrimonial cause or divorce process in Nigeria shall be commenced by a Petition. The only Court with the jurisdiction is the High Court of any state of the Federation. The petitioner files a Petition detailing the marriage history, the grounds, the facts relied upon, and any ancillary reliefs sought. Ancillary reliefs sought could be custody, maintenance, or property settlement. The marriage certificate is a vital document in a divorce case.
Service of the petition: The petition must be personally served on the respondent, who then has the opportunity to respond or Cross-Petition.
Court hearing: Both parties present evidence and witnesses to support their claims. The petitioner bears the burden of proving the chosen facts to the reasonable satisfaction of the court. The court must be satisfied that the marriage has indeed broken down irretrievably before granting the decree. 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.
Judgement: If satisfied, the court first issues a Decree Nisi i.e. a provisional order of divorce. After three months, if no appeal or reconciliation occurs, the Decree Nisi becomes Decree Absolute, finalizing the divorce.

CONCLUSION

Nigerian courts are conservative on divorce, prioritizing marriage sanctity and the welfare of parties and children involved. In Williams v. Williams, the Court stressed that children’s welfare and fairness to spouses are considerations in divorce judgements. Similarly, in Ekerebe v. Ekerebe, mere incompatibility was held insufficient for divorce; it must reach intolerability. Divorce procedure in Nigeria is a process that requires careful consideration, preparation and adherence to provisions of the MCA. The petitioner must demonstrate that the marriage has broken down irretrievably, relying on one or more statutory grounds. Divorce under Nigerian law is a legal last resort, invoked to protect human dignity and ensure justice between separated spouses.

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