INTRODUCTION TO GETTING DIVORCE IN NIGERIA
Going through the process of Getting Divorce in Nigeria, is a tough and emotional experience, but understanding the legal steps can make the process less overwhelming.
This comprehensive guide breaks down everything you need to know about getting a divorce in Nigeria, from the initial steps to the final decree.
What Is a Divorce and How Does It Work in Nigeria?
A divorce is the legal process of dissolving a marriage. Therefore, the Matrimonial Causes Act governs this process in Nigeria and outlines the specific rules and procedures you must follow. Nonetheless, a divorce isn’t just about deciding to separate. Specifically, it requires a court order to legally end your marriage.
The Essential Steps To Getting a Divorce in Nigeria
If you’re considering a divorce, here’s a clear, step-by-step guide to help you navigate the process.
Step 1: Check Your Eligibility to File for Divorce
Before you can file, you must meet certain conditions. First, your marriage must have lasted for at least two years. There are exceptions for specific cases, such as in situations of extreme abuse or cruelty. Second, at least one of the spouses must be a Nigerian resident or consider Nigeria their permanent home.
Step 2: Establish the Grounds for Getting a Divorce in Nigeria
The best way of Getting divorce in Nigeria is if it’s proven that the marriage has “irretrievably broken down.” The Matrimonial Causes Act provides several ways to prove this, including:
1. Willfully and Persistent refusal by your spouse to have sexual relations with you
2. Adultery by one of the spouse which the other spouse finds intolerable to live with.
3. That your spouse has behaved in a way that you cannot reasonably be expected to live with him or her
3. Desertion by your spouse for at least one year.
4. You and your spouse have lived apart for a period of at least two (2) years and the Respondent isn’t objecting to a decree being granted.
5. Where parties have lived apart for a period of at least three (3) years.
6. Either of the parties has refused to comply with a decree for restitution of conjugal rights for at least a year
7. If the other party has been absent from the marriage for such a time to raise reasonable presumptions of death.
Step 3: Filing the Divorce Petition For Getting Divorce in Nigeria
The spouse who wants the divorce (the petitioner) must engage a lawyer who will file a formal divorce petition with the High Court.
File the petition in any state, regardless of where you got married. In your petition, you must state the names and birth dates of both parties. You must also include the respondent’s surname, the status of both parties before the marriage, and where you both resided after the marriage until the time of the petition. Finally, you must state when cohabitation between you ceased..
The petitioner must state their domicile and the facts they rely on to bring the petition. They must also provide the names and particulars of any children in the marriage. The court will determine whether the petitioner connived, colluded, or condoned with the respondent to bring the action. It will also examine any previous proceedings the parties brought, the grounds on which the petitioner brings the petition, and the orders the petitioner seeks from the court
Step 4: Serving the Petition to Your Spouse
Once a file is opened and the court copy of the petition is in the file, the lawyer will ensure service on the other spouse (the respondent). After this, the Respondent has twenty-eight (28) days to answer the petition, and in most cases, cross-petition.
Step 5: The Court Hearing
The court will schedule a hearing. Both you and your spouse will have the opportunity to present evidence, call witnesses, and the opposing lawyer may cross-examine you. If your spouse doesn’t contest the petition, the process will be much faster, with the court often relying solely on your evidence as the petitioner.
Step 6: Receiving the Decree Nisi
If the court is satisfied that the marriage has broken down, it will order a Decree Nisi. This decree lasts for three months, giving time for any objections to be raised.
Step 7: Getting the Decree Absolute
After a three-month period, the court will grant a Decree Absolute if you and your spouse raise no objections. This final order officially ends your marriage and legally divorces you.
Step 8: Settling Important Matters
During or after the divorce proceedings, the court will also make decisions on other crucial matters, including:
- Child Custody: The court will determine who the children will live with and a visitation schedule, always prioritizing the child’s best interests.
- Child and Spousal Support: The court may order one spouse to pay support to the other or for the children.
- Property Division: The court will ensure a fair division of assets and property acquired during the marriage.
Conclusion On Getting Divorce in Nigeria:
Getting a divorce is hard and can be very emotional, but knowing the steps can make it feel less confusing. This guide helps you understand the divorce process in Nigeria. However, it’s always smart to talk to a qualified divorce lawyer to get advice that fits your specific situation.
CONTRIBUTORS
