September 17, 2026

CAN THE MERE SIGNATURE OF DIVORCE PAPERS LEGALLY END A MARRIAGE? – THE ULTIMATE THING YOU NEED TO KNOW

by Ekosolicitors

INTRODUCTION TO SIGNATURE OF DIVORCE PAPERS

On a Sunday evening, I decided to relax by watching a movie on Netflix with my family members. I started watching a series titled The Polygamist. The story revolves around a married man who became involved with another woman and eventually moved out of his matrimonial home to live with his mistress. His legally married wife later visited him to remind him of his promise to renew their marital vows after twenty years of marriage. Although they eventually renewed their vows, he surprisingly presented her with divorce papers and a settlement agreement, which she signed.

One of my family members remarked that at least the wife could now leave the marriage. This led to an important legal question: Can the mere signing of divorce papers or terms of settlement bring a marriage to an end in Nigeria? Another family member further asked whether a spouse who is simply tired of the marriage can dissolve it without any valid reason.

These questions touch on fundamental aspects of Nigerian family law and provide an opportunity to examine how marriages are legally dissolved under Nigerian law.

THE LEGAL NATURE OF MARRIAGE UNDER NIGERIAN LAW SIGNATURE OF DIVORCE PAPERS

Marriage celebrated under the Marriage Act is not merely a private arrangement between two individuals. It is a legal institution recognized and regulated by law. Consequently, parties cannot terminate such a marriage in whatever manner they choose.

Unlike ordinary contracts that may be terminated by mutual agreement, a statutory marriage can only be dissolved by a court of competent jurisdiction. Therefore, regardless of any private arrangement reached by the parties, a marriage remains valid and subsisting until a court pronounces a decree dissolving it.

The principal legislation governing the dissolution of statutory marriages in Nigeria is the Matrimonial Causes Act (MCA).

CAN THE SIGNING OF DIVORCE PAPERS OR TERMS OF SETTLEMENT END A MARRIAGE? signature of divorce papers

The simple answer is no.

The mere signing of divorce papers, separation agreements, or terms of settlement does not automatically terminate a statutory marriage in Nigeria.

A husband cannot unilaterally prepare divorce documents and compel his wife to sign them to end the marriage. Likewise, even where both spouses voluntarily sign a settlement agreement expressing their desire to separate, such an agreement alone does not dissolve the marriage.

The law requires a formal divorce proceeding before the High Court. Until the court hears the matter and grants a decree of dissolution, the marriage continues to exist.

This means that:

The parties remain legally married.

Neither party is free to remarry.
Marital obligations may still subsist.
Any purported remarriage during the subsistence of the marriage may amount to bigamy.

Therefore, in the Netflix scenario, the wife’s signature on the divorce papers and terms of settlement would not, by itself, bring the marriage to an end.

WHAT IS THE ROLE OF TERMS OF SETTLEMENT IN DIVORCE PROCEEDINGS? signature of divorce papers

Terms of settlement can be useful in matrimonial proceedings. They may contain agreements relating to:

Custody of children;

Maintenance and welfare of children;
Division of matrimonial property;
Spousal maintenance;
Visitation rights;
Other ancillary matters.

However, such agreements do not dissolve marriage. At best, they serve as evidence of the parties’ intentions and may assist the court in resolving ancillary issues. The court retains the power to review such agreements and determine whether they are fair, lawful, and in the best interests of any children involved.

CAN A SPOUSE DIVORCE HIS OR HER PARTNER SIMPLY BECAUSE HE OR SHE IS TIRED OF THE MARRIAGE? signature of divorce papers

Under Nigerian law, a spouse cannot successfully obtain a divorce merely by stating that he or she is tired of the marriage.

Section 15 of the Matrimonial Causes Act provides that a court shall grant a decree of dissolution only where it is satisfied that the marriage has broken down irretrievably.

“1) A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon theground that the marriage has broken down irretrievably.”

The law identifies certain facts that may establish an irretrievable breakdown of marriage, including:

1. Wilful and Persistent Refusal to Consummate the Marriage

Where one spouse deliberately refuses to consummate the marriage and continues in such refusal, the court may regard this as evidence of breakdown.

2. Adultery

Where a spouse commits adultery, and the innocent spouse finds it intolerable to continue living with the offending spouse.

3. Intolerable Behaviour

Where one spouse behaves in such a way that the other spouse cannot reasonably be expected to continue living with him or her.

Examples include:

Domestic violence;

Persistent cruelty;
Emotional abuse;
Habitual drunkenness;
Serious misconduct.

4. Desertion

Where one spouse deserts the other for a continuous period of at least one year immediately preceding the filing of the petition.

5. Separation for Two Years with Consent

Where the parties have lived apart for at least two years and the respondent consents to the dissolution of the marriage.

6. Separation for Three Years

Where the parties have lived apart for at least three years immediately preceding the petition, regardless of whether the other spouse consents.

7. Failure to Comply with a Decree for Restitution of Conjugal Rights

Where a spouse refuses to comply with a court order directing the resumption of marital cohabitation.

Therefore, mere dissatisfaction, boredom, or loss of interest in the marriage is generally insufficient unless the circumstances fall within one of the grounds recognized by law.

DOES THE COURT GRANT DIVORCE AUTOMATICALLY?

No.

The court must carefully examine the evidence presented by the parties. The petitioner bears the burden of proving the facts relied upon to establish that the marriage has broken down irretrievably. Where the court is not satisfied with the evidence, it may refuse the application for divorce.

The court’s role is not merely administrative; it is judicial. Consequently, the dissolution of marriage cannot occur merely because one spouse desires it.

WHY DOES THE LAW REQUIRE COURT INVOLVEMENT?

Marriage is regarded as an institution that affects not only the spouses but also children, families, and society at large.

The requirement for judicial intervention serves several important purposes:

Protection of vulnerable spouses;

Protection of children’s welfare;
Prevention of impulsive divorces;
Fair distribution of matrimonial responsibilities;
Preservation of the sanctity of marriage.

Without judicial oversight, stronger parties could easily exploit weaker spouses by coercing them into signing unfair agreements.

CONCLUSION signature of divorce papers

The portrayal of divorce in movies and television series often creates the impression that a marriage ends immediately once divorce papers are signed. However, this is not the position of Nigerian law.

A statutory marriage cannot be dissolved merely because a spouse signs divorce papers or a terms of settlement agreement. Such documents may indicate an intention to separate, but they do not terminate the marriage. Only a court of competent jurisdiction can dissolve a statutory marriage after being satisfied that the marriage has broken down irretrievably in accordance with the provisions of the Matrimonial Causes Act.

Accordingly, if a husband becomes tired of his marriage and wishes to end it, he cannot simply hand his wife divorce papers and consider the marriage over. He must approach the court and establish legally recognized grounds for dissolution. Until the court grants a decree of dissolution, the marriage remains valid and subsisting in the eyes of the law.

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