The Legal Reasons For Divorce In Nigeria: A 2024 Review Of Legal Grounds And Eligibility

Divorce is a significant legal and emotional process that formally dissolves a marital union. In Nigeria, the legal framework governing divorce is embedded in both statutory and customary laws, reflecting the country's diverse legal and cultural landscape. As of 2024, the Nigerian legal system provides specific grounds upon which a marriage can be legally terminated. Understanding these legal reasons is crucial for individuals contemplating divorce, as well as for legal professionals guiding their clients through the process.

Statutory Grounds for Divorce

Under the Matrimonial Causes Act of 1970, which applies primarily to marriages conducted under the Marriage Act, there are several statutory grounds for divorce. These are considered the "fault-based" grounds, where one party must prove that the other has engaged in specific misconduct. The key statutory grounds include:

• Adultery: One of the most common grounds, adultery involves a spouse having voluntary sexual intercourse with someone other than their partner. The petitioner must prove that the respondent committed adultery and that it is intolerable to live with them as a result.
• Unreasonable Behavior: This ground covers a wide range of misconduct, including physical abuse, emotional or psychological abuse, drunkenness, drug addiction, and refusal to provide financial support. The petitioner must demonstrate that the respondent has behaved in such a way that they cannot reasonably be expected to live with them.
• Desertion: Desertion occurs when one spouse abandons the other without consent and a valid reason for at least one year immediately preceding the filing of the petition. The desertion must be continuous and intentional.
• Living Apart: If the spouses have lived apart for a continuous period of at least two years (with mutual consent) or three years (without mutual consent), either party may file for divorce. This ground acknowledges that the marriage has effectively broken down due to prolonged separation.
• Presumption of Death: If a spouse has been absent for seven years or more, during which time the other spouse has not heard from them, the law presumes that the absent spouse is dead. This presumption allows the living spouse to file for divorce and potentially remarry.

Customary Law Grounds for Divorce

In addition to the statutory provisions, customary law also plays a significant role in divorce proceedings for marriages conducted under traditional customs. The grounds for divorce under customary law vary depending on the ethnic group and specific customs practiced. However, common grounds often include:

• Infidelity: Similar to statutory law, adultery or infidelity is a valid ground for divorce in many Nigerian customary law systems.
• Sterility or Impotence: In some cultures, the inability to produce offspring may be a ground for divorce, particularly if this condition was hidden at the time of marriage.
• Wife's Misconduct: Customary law may allow a husband to divorce his wife for certain behaviors considered unacceptable within the community, such as witchcraft, theft, or disobedience.
• Husband's Failure to Provide: The inability or refusal of a husband to provide for his wife's basic needs, such as food, shelter, and clothing, can be a ground for divorce under many customary laws.

Eligibility and Procedural Requirements

To file for divorce in Nigeria, the petitioner must meet certain eligibility criteria. Primarily, the petitioner must have been married for at least two years, unless they obtain special permission from the court to file earlier. This rule, known as the "two-year rule," aims to prevent impulsive divorces and encourages couples to attempt reconciliation.

The divorce process begins with the filing of a petition in the appropriate court. For statutory marriages, this would be the High Court or the Federal High Court, while customary marriages are usually handled by customary courts. The petitioner must provide evidence to support their grounds for divorce, which may include witness testimonies, documents, or other forms of proof.

Once the court is satisfied with the evidence presented, it may grant a decree nisi, which is a provisional order for divorce. After a waiting period of three months, the decree nisi can be made absolute, finalizing the divorce.

Conclusion

Divorce in Nigeria, whether under statutory or customary law, requires a clear understanding of the legal grounds and eligibility criteria. By navigating these legal pathways correctly, individuals can ensure that their divorce proceedings are conducted smoothly and by Nigerian law. As societal norms evolve and legal systems adapt, those affected by divorce need to stay informed about the current legal landscape, ensuring their rights and interests are protected.