Divorce In Nigeria; A Legal Guide
The sacrosanctity of marriage is subject to a few exceptions. While the law upholds the integrity of marital vows, there are restricted grounds upon which the law permits a severance.
Marital relations, with the exception of Islamic and customary marriages are essentially governed by the Marriage Act and the Matrimonial Causes Act. This article seeks to highlight the legally approved mode of divorce in Nigeria.
S.11 of MCA implores the court to employ reconciliatory processes before embarking on divorce proceedings.Importantly, there is only one ground for divorce. That is, the marriage has broken down irretrievably. However, irretrievable breakage may manifest in varying circumstances. The law has defined these circumstances which are, willful and persistent refusal to consummate marriage, intolerable adultery, unreasonable living condition with partner, absence to the extent of presumption of death, continuous desertion for at least a year, living apart for at least two years continuously subject to respondent’s objection, and failure to honour conjugal rights. Divorce proceedings in Nigeria, are instituted by way of petition and in any High Court in any state in Nigeria.
Thus, it is only when any of the parties to the proceedings have proved any of these circumstances that the court would grant an order nisi, valid only for three months for possibility of a reconciliation. Where parties do not express any reconciliatory steps or appeal, an order absolute would then be given.
It’s vital to debunk the popularly accepted notion that divorce could be made in the same manner as a contract. Thus, only a court of law can validly grant a divorce in Nigeria.
References
1 Stan Alieke “Divorce Process In Nigeria”, available at https://www.thecable.ng/divorce-process-in-nigeria/ampaccessed on Jan 18 2023
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