If you’re considering divorce in Nigeria, understanding the country’s divorce laws and procedures is essential. One of the most common concerns among couples is the cost of divorce and how long the process might take.
Divorce Laws in Nigeria
Divorce in Nigeria is primarily governed by the Matrimonial Causes Act (MCA), LFN 1990, and the Matrimonial Causes Rules. Additionally, various court decisions help interpret and guide how these laws are applied during divorce proceedings.
Grounds for Divorce in Nigeria
According to the MCA, there is only one legal ground for divorce: irretrievable breakdown of the marriage. However, this is categorized into eight distinct conditions:
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Willful refusal by a spouse to consummate the marriage.
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Adultery by one party, which the other finds intolerable.
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Unreasonable behavior by the other party.
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Desertion for at least one year.
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Separation for at least two years without objection to divorce.
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Separation for at least three years (even if one party objects).
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Failure to comply with a court decree of conjugal rights for at least one year.
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The other party has been missing under circumstances presumed to mean death.
While these conditions cover most issues that arise in divorce proceedings, the court still exercises discretion. It’s always advisable to consult a qualified family lawyer for clarity and case-specific guidance.
Court Procedure for Divorce in Nigeria
To initiate a divorce in Nigeria, a petition must be filed at the High Court of the relevant state. This petition is typically drafted by a lawyer and served personally to the other spouse (the respondent).
If personal service fails, the court may approve substituted service, which could involve pasting the petition at the respondent’s last known residence, or sending it by post, email, or WhatsApp.
After being served, the respondent has 28 days to file an Answer. Once that is submitted, the matter can proceed to hearing.
At the hearing, the petitioner must present evidence. In some jurisdictions, virtual court proceedings are allowed via platforms like Zoom or Microsoft Teams.
If the court is satisfied with the evidence, it issues a Decree Nisi—a provisional divorce order. After 90 days, if no objections arise, it becomes a Decree Absolute, finalizing the divorce.
How Long Does a Divorce Take in Nigeria?
The time frame for divorce depends on several factors:
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Type of marriage (customary or statutory)
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Location of the court
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Level of dispute or contention
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Efficiency of legal counsel
A customary marriage divorce in a Customary Court can be completed in 2 to 3 months if uncontested. On the other hand, a statutory marriage divorce in a High Court can take 6 months to 2 years, or even longer if the case is heavily contested.
How Soon Can You Remarry After Divorce?
Under the Matrimonial Causes Act, you cannot remarry immediately after a Decree Nisi is issued. You must wait 90 days until the Decree Absolute is granted. Only then is the divorce final, and you are legally free to remarry.
Cost of Filing for Divorce in Nigeria
Divorce in Nigeria often involves legal complexities that influence the total cost. Factors include:
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The nature of the dispute
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The lawyer’s experience
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The duration of the process
On average, professional legal fees for divorce in Nigeria range between ₦700,000 and ₦1,000,000+. Customary court proceedings are generally more affordable, but statutory court processes, especially those involving children or property, can be more costly.
Frequently Asked Questions (FAQs) About Divorce in Nigeria
1. What is the first step in filing for divorce in Nigeria?
The first step is to consult a qualified family lawyer, who will help you file a divorce petition at the appropriate High Court. The petition outlines the grounds for divorce and relevant supporting evidence.
2. How long must I be separated before I can file for divorce in Nigeria?
You can file for divorce after being separated for at least two years, provided both parties agree. If only one party agrees, you may need to show a separation period of three years or more.
3. Can I file for divorce without a lawyer in Nigeria?
While it’s legally possible, it is not advisable. Divorce in Nigeria, especially under statutory law, involves technical procedures best handled by an experienced lawyer.
4. What happens if my spouse refuses to respond to the divorce petition?
If your spouse fails to respond within 28 days, the court may allow the case to proceed in their absence. A Decree Nisi may still be issued if you provide sufficient evidence.
5. Is adultery a valid ground for divorce in Nigeria?
Yes. If one spouse commits adultery and the other finds it intolerable, it is a valid ground for divorce under the Matrimonial Causes Act.
6. How much does it cost to get a divorce in Nigeria?
Legal fees typically range from ₦700,000 to ₦1,000,000 or more, depending on the complexity of the case, the lawyer’s experience, and the duration of proceedings.
7. Can I remarry immediately after divorce?
No. You must wait for the Decree Absolute, which is issued 90 days after the Decree Nisi. Only then are you legally divorced and free to remarry.
8. Where can I file for divorce in Nigeria?
Divorces under statutory marriage must be filed at the High Court of the state where either party resides. Customary marriages may be dissolved in Customary Courts.
9. Can I get a divorce online in Nigeria?
While some court proceedings now allow virtual appearances, the actual filing process must still go through a court registry and follow proper legal procedures.
10. Will the court divide our property during divorce?
Yes. If property division or child custody is involved, the court will consider factors like contribution, ownership documents, and the best interests of the children when making decisions.
Conclusion
Divorce in Nigeria is not a simple process. The legal system is designed to protect the sanctity of marriage and safeguard the welfare of children, which often makes the process slow and technical.
Currently, only High Courts have jurisdiction over statutory marriage dissolution, making the process less accessible. If Magistrate Courts or Family Courts were allowed to handle such cases, it could ease the burden and improve access to justice.
While customary marriage divorces are often faster and less complicated, statutory divorces require the involvement of skilled legal professionals, strict adherence to court procedures, and patience.
If you’re considering divorce, seek proper legal advice and understand your rights and obligations under Nigerian law. With proper guidance, the process can be handled with clarity, respect, and a focus on long-term peace.
