A Step-By-Step Guide To Filing For Divorce In Nigeria (2024)

Divorce can be an emotionally and legally complex process. In Nigeria, the procedure for filing for divorce is governed by the Matrimonial Causes Act of 1970 for statutory marriages and various customary laws for traditional marriages. This guide will walk you through the step-by-step process of filing for divorce in Nigeria in 2024, helping you navigate the legal system with confidence.

Step 1: Determine the Type of Marriage

The first step in filing for divorce is to establish the type of marriage you have. In Nigeria, marriages fall into two main categories: statutory marriages and customary marriages.

• Statutory Marriages: These are marriages conducted under the Marriage Act, often involving a civil ceremony at a registry or a licensed place of worship.
• Customary Marriages: These are marriages conducted according to the customs and traditions of a particular ethnic group.

Understanding the type of marriage will determine the legal grounds and courts involved in your divorce proceedings.

Step 2: Establish Grounds for Divorce

For statutory marriages, the Matrimonial Causes Act outlines several grounds for divorce:

• Adultery: Proving that your spouse committed adultery and it is intolerable to live with them.
• Unreasonable Behavior: Demonstrating that your spouse has behaved in such a way that you cannot reasonably be expected to live with them (e.g., abuse, addiction).
• Desertion: Proving that your spouse has deserted you for at least one year.
• Living Apart: Showing that you have lived apart for two years (with mutual consent) or three years (without mutual consent).
• Presumption of Death: Proving that your spouse has been absent for seven years or more.

For customary marriages, grounds for divorce may vary depending on the specific customs of your ethnic group but often include adultery, sterility, misconduct, and failure to provide for the spouse.

Step 3: Engage a Lawyer

Hiring a lawyer who specializes in family law is crucial. A lawyer will guide you through the legal process, help you gather necessary evidence, and represent you in court. They will also ensure that your rights are protected throughout the proceedings.

Step 4: File a Petition

The next step is to file a divorce petition. For statutory marriages, this is done at the High Court or the Federal High Court. For customary marriages, the petition is typically filed at a customary court.

The petition should include:

• Your full names and addresses.
• Details of the marriage, including the date and place of the wedding.
• The grounds for divorce.
• Any evidence supporting the grounds for divorce (e.g., witness statements, photographs, documents).

Step 5: Serve the Petition

Once the petition is filed, it must be served to your spouse (the respondent). This involves delivering a copy of the petition to them, usually through a court bailiff or a legal practitioner. Proper service is crucial as it ensures that the respondent is aware of the proceedings and has the opportunity to respond.

Step 6: Respondent’s Reply

The respondent has a specified period (usually 14 to 28 days) to reply to the petition. They can either agree to the divorce, contest the grounds, or file a counter-petition with their grounds for divorce.

Step 7: Court Hearings

If the respondent contests the divorce, the case will go to trial. Both parties will present their evidence and witnesses, and the judge will make a decision based on the merits of the case.

If the divorce is uncontested, the process is usually quicker, with fewer court appearances required. In either case, the judge will review the evidence and decide whether to grant a decree nisi, which is a provisional order for divorce.

Step 8: Decree Nisi to Decree Absolute

After the decree nisi is granted, there is a mandatory waiting period of three months before it can be made absolute. This waiting period allows for any objections to be raised. Once this period passes, you can apply for the decree absolute, which finalizes the divorce.

Step 9: Post-Divorce Matters

After the divorce is finalized, there are several post-divorce matters to address, including:

• Property Division: Dividing marital assets and liabilities.
• Child Custody and Support: Arranging custody and support for any children from the marriage.
• Spousal Support: Determining if any spousal support (alimony) is necessary.

Conclusion

Filing for divorce in Nigeria is a multi-step process that requires careful attention to legal details and procedural requirements. By following this guide and seeking the assistance of a qualified lawyer, you can navigate the divorce process more smoothly and ensure that your rights and interests are protected. Whether dealing with a statutory or customary marriage, understanding the steps involved will help you move forward with clarity and confidence in 2024.