All You Need to Know About Divorce In Nigeria – SNATHAP – Sun Natha Alade & Partners (SNATHAP)

Have you ever imagined that signing papers in Nollywood context applies to divorce in Nigeria? Such thought or belief could only have been gotten through Nollywood, Jurisdictional experience outside Nigeria or simple imagination.

Divorce law in Nigeria is governed primarily by the Matrimonial Causes Act (MCA) 1970, which sets out the legal framework for the dissolution of marriages. Divorce in the circumstances applies only to marriages solemnized under the Matrimonial Causes Act (exclusive of customary marriage and Islamic Marriage) Here’s everything you need to know:

1. Grounds for Divorce

Nigeria follows a “no-fault” divorce system, meaning that a party must prove that the marriage has “broken down irretrievably.” This can be established under any of the following eight grounds:

Adultery – If the spouse has committed adultery, and the petitioner finds it intolerable to live with them.
Unreasonable Behavior – If the spouse has behaved in a way that the petitioner cannot reasonably be expected to live with them (e.g., domestic violence, cruelty, emotional abuse).
Desertion – If the spouse has deserted the petitioner for at least one year without a justifiable reason.
Separation for Two Years (with consent) – If the couple has lived apart for at least two years and both agree to the divorce.
Separation for Three Years (without consent) – If the couple has lived apart for three years, consent is not required.
Failure to Fulfill Marital Obligations – If the spouse has refused to consummate the marriage.
Mental Illness – If the spouse is suffering from a severe mental disorder that makes cohabitation impossible.
Imprisonment or Habitual Criminality – If the spouse has been sentenced to imprisonment for a long period or is habitually involved in crime.

2. Types of Divorce Proceedings

In Nigeria, there are two main types of divorce:

Dissolution of Marriage – A formal divorce that completely ends the marriage.
Judicial Separation – A court order that allows the couple to live apart without officially ending the marriage.

3. Where to File for Divorce

Divorce cases are handled by the High Court of the state where either or neither of the spouse resides. In Lagos, for example, the case is filed at the Family Court Division of the High Court of Lagos State.

4. Legal Process for Divorce

The divorce process follows these steps:

Filing a Petition – The spouse (petitioner) submits a petition stating the grounds for divorce.
Service of the Petition – The petition is served to the other spouse (respondent).
Response from the Respondent – The respondent can either agree to the divorce or contest it.
Court Hearing – If contested, the court will hear evidence before making a decision.
Decree Nisi – If the court is satisfied, it grants a Decree Nisi, a temporary order of divorce.
Decree Absolute – After three months (if no objections), the Decree Absolute is issued, finalizing the divorce.

5. Child Custody & Support

Custody decisions are based on the best interest of the child.
Courts may grant sole or joint custody.
Financial support (child maintenance) may be ordered for the child’s welfare.

6. Division of Property

Nigeria does not have a strict 50/50 property-sharing rule.
Courts divide assets equitably, considering contributions of both spouses (financial and non-financial).
Customary and Islamic marriages follow different property division rules.

7. Alternative Dispute Resolution (ADR)

Some couples opt for mediation or arbitration to settle divorce matters amicably.
Customary courts handle divorces under traditional marriage systems.

8. Religious & Customary Marriages

Christian Marriages follow the MCA and are dissolved in High Courts.
Islamic & Customary Marriages are handled by Sharia and Customary Courts, respectively, and have their own dissolution rules.

9. Cost & Duration of Divorce in Nigeria

Legal fees vary depending on the complexity of the case.
An uncontested divorce may take 6 months to 1 year, while a contested divorce can take 2 years or more.

Would you like information on anything specific, such as legal fees, child custody laws, or how customary divorces differ?

Author: Olanlekan Natha-Alade

Legal Practitioners & Notary Public

snathaplegals@gmail.com, www.snathap.com

08064961554, 08024116857