When discussions about divorce arise in Nigeria, there is often a flood of misinformation. Some believe a spouse can simply walk away from a marriage and be considered divorced. Others assume that once divorce papers are filed, the marriage immediately comes to an end. The reality is far more structured, especially for marriages conducted under Nigerian law.
Understanding the divorce process is important not only for married couples but also for anyone considering marriage. Knowing your rights, obligations, and available legal remedies can help you make informed decisions during difficult times.
Can You Get Divorced Immediately After Marriage?
One of the most common misconceptions is that a person can file for divorce at any time after getting married. Under Nigerian law, a divorce petition for a statutory marriage generally cannot be filed within the first two years of marriage unless special permission, known as leave of court, is obtained.
The court does not grant this permission lightly. Exceptional circumstances must be shown before a divorce petition can proceed within that period.
The Only Ground for Divorce Under the Law
For marriages conducted under the Marriage Act, the law recognizes only one ground for divorce: the marriage has broken down irretrievably.
However, a spouse cannot simply claim that the marriage has failed. The court requires evidence of specific facts that demonstrate the breakdown of the relationship.
Some of these facts include:
Refusal to Consummate the Marriage
Marriage creates certain rights and obligations between spouses. If one spouse refuses to consummate the marriage and continues to deny the other spouse that right, it may constitute a valid ground for divorce.
Adultery
Where a spouse engages in an extramarital affair and the other spouse finds it intolerable to continue living in the marriage, adultery may be relied upon as evidence that the marriage has broken down.
Evidence may include messages, photographs, videos, witness testimony, or other credible proof. Where possible, details of the alleged third party are usually provided to the court.
Desertion
A spouse who abandons the marriage without consent, justification, or intention to return for at least one year may be considered to have deserted the marriage. This can form the basis of a divorce petition.
Separation for Two Years
Where spouses have lived apart for at least two years and both parties agree that the marriage should end, either spouse may seek a divorce based on that separation.
Separation for Three Years or More
If the spouses have been separated for at least three years, the consent of the other spouse is generally not required before a divorce petition can be filed.
Other Recognized Facts
The law also recognizes additional circumstances, including failure to comply with a court order for restitution of conjugal rights and situations where a spouse is presumed dead after being missing for an extended period.
Documents Required for Divorce Proceedings
Before commencing divorce proceedings, certain documents and information are typically required:
• Original marriage certificate
• Evidence supporting the grounds for divorce
• Last known residential or business address of the respondent
• Any relevant photographs, videos, messages, recordings, or witness statements where applicable
The spouse filing the petition is known as the Petitioner, while the other spouse is referred to as the Respondent.
The Divorce Process Explained
Many people assume that divorce is completed within a few days or weeks. In reality, the process involves several stages.
1. Filing the Petition
The Petitioner files a divorce petition before the appropriate court.
2. Service of Court Documents
The Respondent must be formally served with the divorce papers and given an opportunity to respond.
3. Court Proceedings
The matter proceeds through mentions, hearings, evidence presentation, and, where necessary, trial.
4. Decree Nisi
If the court is satisfied that the marriage has broken down irretrievably, it issues a Decree Nisi.
A Decree Nisi is not the final divorce. It is essentially a provisional order indicating that the court intends to dissolve the marriage.
5. Decree Absolute
After the statutory waiting period, usually three months, and provided there are no legal impediments, the court may grant a Decree Absolute.
It is only upon the issuance of the Decree Absolute that the marriage is completely and legally dissolved.
How Long Does Divorce Take?
The duration of divorce proceedings varies significantly depending on the circumstances of each case.
Uncontested matters may be resolved relatively quickly, while contested cases involving disputes over facts, children, or property may take months or even years to conclude.
Patience, proper documentation, and legal guidance often play a major role in determining how smoothly the process proceeds.
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Not All Marriages Follow the Same Divorce Procedure
One of the biggest sources of confusion in Nigeria is the assumption that all marriages are dissolved through the same legal process.
This is not the case.
Statutory Marriage
A statutory marriage, commonly referred to as a court wedding or marriage under the Marriage Act, must be dissolved through the legal process outlined under Nigerian law.
Customary Marriage
Customary marriages are generally dissolved according to the customs and traditions governing the marriage. In many communities, this may involve the return of the bride price or compliance with specific traditional requirements.
Where disagreements arise, customary courts may intervene and determine the matter.
Islamic Marriage
Islamic marriages are governed by Islamic principles and are dissolved in accordance with Islamic law and procedures.
The Most Important Lesson
Divorce in Nigeria is neither impossible nor automatic. It is a legal process designed to ensure fairness, protect the rights of both spouses, and preserve the integrity of marriage while providing a lawful exit where the relationship has genuinely broken down.
Understanding the law helps individuals make informed decisions, avoid costly mistakes, and seek appropriate legal remedies when necessary.
Before taking any step toward divorce, it is always advisable to seek professional legal advice tailored to your specific circumstances. Accurate information can make the difference between a lengthy legal battle and a properly managed resolution.