November 5, 2025

HOW TO OBTAIN DISSOLUTION OF MARRIAGE WITHIN ONE YEAR

by Ekosolicitors

DISSOLUTION OF MARRIAGE WITHIN ONE YEAR

In recent times, most marriages in Nigeria are suffering difficulties that leads to it final dissolution of marriages

The general rule is that a proceeding for a decree of dissolution of marriage cannot be instituted within the same year after the marriage was celebrated, except by leave of court, pursuant to Section 30 of the Matrimonial Causes Act 1970. It simply means that a petition for the dissolution of a marriage cannot be brought until two years after the marriage, unless permission (leave) from the court is obtained. However, the exception to this rule is that marriage can be dissolved after a year, provided the court grants permission.

Thus, to institute a petition for a marriage celebrated within a year the permission of the court must be sought by a Motion Ex-parte (this means a motion brought before the court without putting the other party on notice i.e., without informing the other party that you are filing a motion to the court) along with the divorce petition.

The Court can only grant leave to institute proceedings for the following reason set out in Section 30 (3) of the Matrimonial Causes Act.

“The court shall not grant leave under this section to institute proceedings except on the ground that to refuse to grant the leave would impose exceptional hardship on the applicant or that the case is one involving exceptional depravity on the part of the other party to the marriage.”

This means that the Court will grant leave to institute divorce proceedings for a marriage under two years where not granting it would cause exceptional hardship on the applicant.

Section 30 (2) of the MCA

Nothing in this section shall apply to the institution of proceedings based on any of the matters specified in section 15(2)(a) or (b) or 16 (1)(a) of this Act, or to the institution of proceedings for a decree of dissolution of marriage by way of cross-proceedings.

The 1 year rule cannot apply in the following circumstances under Section 30;

Section 15 (a) and (b) –

(a) that the respondent has wilfully and persistently refused to consummate the marriage;
(b) that since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

Section 16 (1) –

(1) Without prejudice to the generality of section 15 (2) of this Act, the court hearing a petition for a decree of dissolution of marriage shall hold that the petitioner has satisfied the court of the fact mentioned in the said section 15 (2) (c) of this Act if the petitioner satisfies the court that‐
(a) since the marriage, the respondent has committed rape, sodomy, or bestiality; or
(b) since the marriage, the respondent has, for a period of not less than two years‐
(i) been a habitual drunkard; or

(ii) habitually been intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug or preparation, or has, for a part or parts of such a period, been a habitual drunkard and has, for the other part or parts of the period, habitually been so intoxicated; or
(c) since the marriage, the respondent has within a period not exceeding five years‐
(i) suffered frequent convictions for crime in respect of which the respondent has been sentenced in the aggregate to imprisonment for not less than three years; and

(ii) habitually left the petitioner without reasonable means of support; or
(d) since the marriage, the respondent has been in prison for a period of not less than three years after conviction for an offence punishable by death or imprisonment for life or for a period of five years or more, and is still in prison at the date of the petition; or
(e) since the marriage and within a period of one year immediately preceding the date of the petition, the respondent has been convicted of‐

(i) having attempted to murder or unlawfully to kill the petitioner; or
(ii) having committed an offence involving the intentional infliction of grievous harm or grievous hurt on the petitioner or the intent to inflict grievous harm or grievous hurt on the petitioner; or
(f) the respondent has habitually and willfully failed, throughout the period of two years immediately preceding the date of the petition, to pay maintenance for the petitioner‐
(i) ordered to be paid under an order of, or an order registered in, a court in the Federation; or
(ii) agreed to be paid under an agreement between the parties to the marriage providing for their separation; or

(g) the respondent‐
(i) is, at the date of the petition, of unsound mind and unlikely to recover;
and
(ii) since the marriage and within the period of six years immediately preceding the date of the petition, has been confined for a period of, or for periods aggregating, not less than five years in an institution where persons may be confined for unsoundness of mind in accordance with law, or in more than one such institution.

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