Introduction To How To Obtain Dissolution of Marriage In Nigeria

Dissolution of marriage under Nigerian law is governed primarily by the Matrimonial Causes Act (hereinafter referred to as the Act) and the subsidiary Matrimonial Causes Rules. The Act provides the substantive grounds on which a marriage may be dissolved, while the Rules supply the detailed procedure and evidential framework by which those grounds are proved and adjudicated. Understanding dissolution therefore requires a combined reading of both instruments: the Act tells us what may be proved as constituting breakdown, and the Rules tell us how the court expects that proof to be presented and the proceedings to be conducted.

At the substantive level the Act defines the legal test for dissolution as irretrievable breakdown or irreconcilable differences of the marriage. A petitioner proves irretrievable breakdown by establishing one or more of the facts enumerated in section 15(2) of the Act. These include willful and persistent refusal to consummate the marriage; adultery coupled with intolerability; behaviour that makes cohabitation unreasonable; desertion;

parties living apart for specified continuous periods (two years with consent, or three years without); failure to comply with restitution of conjugal rights; or facts supporting a presumption of death. Section 16 supplements these grounds by clarifying the evidential bases for certain allegations (for example, habitual drunkenness or criminal convictions that bear on cohesion and support). Together these provisions set out the substantive matrix against which a petition for dissolution will be measured.

Procedure for instituting and prosecuting a petition is set out in the Act and fleshed out in the Rules. The Act requires that matrimonial causes including petitions for dissolution to be instituted by petition in the High Court and declares the court’s duty to consider reconciliation where appropriate; it also establishes the practice of granting a decree nisi in the first instance with a later decree absolute when statutory or judicial conditions are satisfied.

The Rules provide the practical roadmap: they prescribe how proceedings are commenced and numbered, the forms to be used, requirements for filing marriage certificates, and the modes of service on respondents. In particular, the Rules make clear the circumstances in which ex parte applications for leave to institute proceedings may be made, and the required affidavit support for such applications.

Evidentially, the Act and Rules operate together. The Act contains provisions on evidence applicable to matrimonial causes which include standards of proof and specific rules concerning evidence of non-access, adultery and proof of marriage, while the Rules contain detailed directions on oral and affidavit evidence, exhibits, proof of service and forms of affidavits used in proceedings. The general standard is that a fact is proved when established to the reasonable satisfaction of the court. This lower civil standard is suitable for family proceedings where courts weigh competing testimonies and documentary proof holistically.

Evidence of particular facts varies with the ground relied upon. Where adultery is alleged, the Act contemplates direct questioning and limits as to who may be compelled to disclose communications, while also permitting questions of a party-witness that may bear on proof of adultery when material to the decision. For grounds such as living apart for the requisite period, affidavits, documentary evidence, and corroborative testimony are commonly used;

the Rules permit the use of depositions and affidavits in many interlocutory and substantive hearings, subject to form and filing requirements. When allegations involve criminal conduct (rape, sodomy, or convictions), convictions in criminal courts may be adduced as evidence of the relevant conduct under the Act.

Service and proof of service, often decisive in contested petitions, are strictly regulated. The Rules set out modes of personal service, substituted service, service outside the jurisdiction and the formalities required in affidavits of service, including corroborative proof where necessary. Failure to comply with service rules can result in delays, set-aside of proceedings, or judgments being refused recognition; consequently, practitioners pay careful attention to compliance with the service and proof requirements in Order III and its related rules.

The practical flow of dissolution proceedings under the statutory scheme is therefore familiar: a petitioner commences by filing a petition supported where necessary by affidavit and documentary proof (including a marriage certificate); the court assesses whether the petition should be adjourned for attempts at reconciliation or proceed; where grounds are contested, evidence is taken (usually orally at trial, but with affidavit material permitted under specified circumstances); if the court is satisfied a ground or grounds in section 15(2) are proved, a decree nisi is pronounced; and subject to statutory restrictions and the welfare considerations for children, the decree may later be made absolute, finalising the dissolution.

Two practical themes emerge from this framework. First, the interplay between substantive grounds and evidential proof means legal strategy often focuses less on abstract labels and more on the quality and admissibility of proof  witness credibility, corroboration, documentary exhibits, and strict compliance with procedural forms. Second, because family proceedings frequently raise privacy and welfare concerns, the Act contains provisions limiting publication of evidential detail and enabling hearings or parts of hearings to be conducted in chambers where justice and privacy demands so require.

Conclusion,

Dissolution under Nigerian law is a statutory construct that requires a careful synthesis of the Act’s grounds (sections 15-16), the procedural stipulations on institution and decrees (sections 54-57 and related provisions), evidential sections in the Act, and the granular practice directions contained in the Matrimonial Causes Rules (notably the Orders dealing with commencement, service, petitions, and evidence). Practitioners and litigants that attend to both the what (the statute) and the how (the Rules) and collect clear, admissible, and corroborated evidence will be best positioned to achieve fair and durable resolutions in dissolution matters.

CONTRIBUTORS

Lead Partner EKO SOLICITORS AND SOLICITORS

Counsel EKO SOLICITORS AND ADVOCATES

MBANU FAVOUR CHINWENDU

Graduate Trainee EKO SOLICITORS AND ADVOCATES

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