July 31, 2025

MARRIAGE DISSOLUTION: WHAT YOU NEED TO KNOW FILING DIVORCE WITHIN TWO YEARS

by Ekosolicitors

INTRODUCTION TO DIVORCE WITHIN TWO YEARS

Divorce is complex; questions often arise about the divorce within two years rule, which is provided under the matrimonial causes act 1970.

WHAT’S THE DIVORCE WITHIN TWO YEARS RULE

Divorce within two years requires a minimum marriage period before filing. This rule deters people from rushing into ill-advised marriages. It also prevents hasty exits when the marriage isn’t as expected.

Section 30 of Nigeria’s Matrimonial Causes Act (MCA) prohibits filing a petition for the dissolution of a statutory marriage within the first two years after marriage, unless the Court grants leave.

Section 30(3) of the MCA prescribes that the only circumstance in which the leave of the court will be granted in other to institute divorce proceeding is when the court refusal to grant the leave would impose exceptional hardship and depravity on the applicant

The applicant must make an ex-parte application for the leave of court to institute a divorce petition, supported by an affidavit containing the following.:

Particulars of the exceptional hardship and depravity that would be imposed on the applicant by the refusal of the court to grant such leave.

The applicant intends to petition on the grounds if the Court grants such leave.
Whether anyone has attempted to reconcile the couple.
State whether the applicant has previously made an application for leave.
State whether or not a child of the marriage is living; if yes, then state the name of the child. Additionally, provide the date of birth of the child, the place at which the child is residing, and the persons with whom the child is residing.

EXCEPTION TO THE TWO YEAR RULE

While the two-year rule is a general principle, there are specific exceptions in place to avoid imposing undue hardship on a party. That is, a party can still petition for the dissolution of a marriage even though the marriage is not up to two year upon the occurrence of the following:

Whether one of the party has willfully and persistently refused to consummate the marriage
If one of the spouse has committed adultery and the petitioning party finds it intolerable to live with.
Whether the respondent has committed rape, sodomy or bestiality.
If the institution of proceedings for a decree of dissolution of marriage is by way of a cross-petition.

CONCLUSION

Nigeria’s divorce within two years divorce rule has both pros and cons. It encourages reconciliation, giving couples time to reflect and potentially mend their marriage. However, it can also cause significant delays and added stress for those who genuinely need to end their union.

This article’s content offers a general guide to the subject matter. Seek legal advice about your specific circumstances