How To Get a Divorce in Nigeria (2021)

Easiest Way to Get Divorce in Nigeria

Divorce is not an interesting topic because of how messy it can be and the effects that comes with it sometimes.

Divorce in Nigeria

However, there are times when divorce is the best option for union that threaten and endanger the the lives of couples.

In Nigeria, marriage can come to an end under two conditions, either by death of one partner or by court order.

Getting a divorce in Nigeria is very cumbersome. Some have argued that the rigorous processes involved in getting a divorce in Nigeria was deliberately enacted so as to make sure couples does not initiate divorce willy-nilly.

To get a divorce in Nigeria, the party seeking divorce must hire a lawyer or an attorney who will initiate a divorce petition in law court.

There are two types of marriages recognize under marriage laws in Nigeria. The statutory marriage and customary marriage.

The type of marriage determine the type of divorce process and petition and court petitioner is to approach for divorce.

Statutory marriages are marriages conducted in court and church with marriage certificate in accordance with marriage act. Divorce in this type of marriage are taken to high courts.

Customary marriage are those marriage in traditional ways. Islamic marriage are also considered customary marriage as well as those done in churches that are not licenced. Divorce in customary marriage or for this kind of marriage are gotten from customary courts.

Conditions & Grounds for Divorce in Nigeria

Just like every other legal and litigation cases in Nigeria, divorce in Nigeria demands that petitioner proves his or her case meets some conditions upon which the law stipulates that divorce can be granted.

This is while and where your lawyer will do the needful by helping structure your divorce petition to achieve desired results.

However, below are some conditions for granting divorce in Nigeria.

  • That a partner in the marriage has wilfully and persistently refused to consummate the marriage
  • That since the marriage a partner has committed adultery and the petitioner finds it intolerable to live with the respondent
  • That since the marriage a partner has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
  • That a marriage partner has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition
  • That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent does not object to a decree being granted
  • That the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act
  • That the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead

These are some of the grounds for filing a divorce in Nigeria that are permitted by law and marriage Act.

Steps for Filing a Divorce in Nigeria

These are steps for filing a divorce in Nigeria legally.

Initiate Divorce Petition

The first step for filing a divorce in Nigeria is to get a lawyer or an attorney who will help the petitioner perfect and initiate a divorce petition in law court.

Acknowledgement by Court

The court will acknowledge the receipt of divorce petition and verify the divorce petition for hearing.

Court Summon

Another step to filing a divorce is top serve court summon to respondent in the petition. This could be either of the partners. The respondent has space time of 30 days to respond to the divorce petition.

Court Sittings and Judgment

At this point the court can decide to sit and hear the petition of divorce. After which give judgements based on its findings or actions of the either parties.

Cost Of Divorce in Nigeria: How Much Does It Cost Get Divorce in Nigeria

What is the cost and financial implications of divorce in Nigeria. This is one of the most demanding questions and answers partners intending to initiate divorce in Nigeria are always seeking to get.

There is no specific cost for divorce in Nigeria. The amount of money spent on divorce in Nigeria is dependent on petitioners and respondent’s s lawyers and attorneys.

A lawyer is at liberty to charge any amount deemed fit for a specific divorce petition. A lawyer may charger higher in divorce petition where petitioner is demanding for share in properties and other valuables.

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The Author

Emmanuel Igwenagu

Igwenagu Emmanuel is the founder of Nigerian Informer. He holds B.A, M.Sc in Mass Communication. He is a Communication researcher and 112 emergency help line dispatcher.

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