How to File for Divorce in Nigeria: A Step-by-Step Guide

Divorce is the legal termination of a marriage that was validly contracted under the Matrimonial Causes Act (LFN 2004). Divorce can be a stressful and complicated process, especially if there are children, property, or other issues involved. This guide will provide you with some basic information on how to file for divorce in Nigeria and what to expect along the way.

Grounds for Divorce

The only reason for divorce in Nigeria is that the marriage has irretrievably broken down. This means that there is no reasonable prospect of reconciliation between the spouses and that the marriage cannot be saved. However, to prove that the marriage has broken down irretrievably, the petitioner (the spouse who initiates the divorce) must establish one or more of the following facts:

– The respondent (the other spouse) has wilfully and persistently refused to consummate the marriage (i.e., have sexual intercourse).

– The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

– The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. This can include physical or mental cruelty, violence, abuse, neglect, or addiction.

– The respondent has deserted the petitioner for a continuous period of at least one year immediately before the filing of the petition.

– The parties have lived apart for a continuous period of at least two years immediately before the filing of the petition, and the respondent does not object to the divorce.

– The parties have lived apart for a continuous period of at least three years immediately before the filing of the petition.

– The respondent has failed to comply with a decree of restitution of conjugal rights for a period of at least one year. This is a court order that requires the spouses to resume living together and perform their marital duties.

– The respondent has been absent from the petitioner for such a time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.

Procedure for Divorce

The procedure for divorce in Nigeria involves the following steps:

– The petitioner must file a petition for divorce at the High Court of any state or the Federal Capital Territory, where either of the spouses is domiciled or habitually resident. The petition must state the ground for divorce, the facts supporting it, the relief sought (such as custody, maintenance, or property division), and any other relevant information. The petition must also be accompanied by a copy of the marriage certificate, an affidavit verifying the petition, and a certificate from a legal practitioner that the petitioner has been advised on the possibility of reconciliation.

– The petitioner must serve the petition and the accompanying documents on the respondent, either personally or through a court bailiff. The respondent must acknowledge the service of the petition within eight days, or the petitioner may apply for substituted service (such as by newspaper advertisement or registered mail).

– The respondent may file an answer to the petition within 21 days of receiving it, either admitting or denying the allegations, and raising any counterclaims or defenses. The respondent may also file a cross-petition for divorce on different or additional grounds, which the petitioner must answer within 14 days.

– The court may order the parties to attend a pre-trial conference, where they will attempt to settle some or all of the issues in dispute, such as custody, maintenance, or property division. The court may also refer the parties to a conciliator, who will try to help them reconcile their marriage. If the parties reach an agreement, the court may grant a decree of divorce based on the terms of the agreement, without the need for a trial.

– If the parties do not reach an agreement, the case will proceed to trial, where the petitioner and the respondent will present their evidence and arguments before a judge. The judge will decide whether the petitioner has proved the ground for divorce, and whether to grant the relief sought by either party. The judge may also make orders on any ancillary matters, such as custody, maintenance, or property division, based on the best interests of the children and the financial circumstances of the parties.

– The court will grant a decree nisi of divorce, which is a provisional order that declares that the marriage has broken down irretrievably, and that the divorce will be finalized after three months, unless there is a good reason to prevent it. The decree nisi does not dissolve the marriage, and the parties are still legally married until the decree absolute is granted.

– The petitioner may apply for a decree absolute of divorce after three months from the date of the decree nisi, unless the court has extended the period for any reason. The decree absolute is the final order that dissolves the marriage, and the parties are free to remarry after it is granted.

Divorce is a serious and complex matter that requires legal advice and representation. If you are considering filing for divorce in Nigeria, or if you have been served with a divorce petition, you should consult a qualified and experienced family lawyer who can guide you through the process and protect your rights and interests. Contact us today for a free consultation and a quote on our divorce services.