To file for divorce in Nigeria is not the way it is portrayed in the movies where spouses just sign documents and that is the end of the matter. In Nigeria, to file for divorce means that the party that wants to file for divorce is suing the other spouse to court. The purpose of the court case is to ask the court to determine if the marriage has broken down irretrievably.
The spouse who goes to court to file for divorce is known as the petitioner, while the other spouse would be referred to as the respondent.
Divorce is the court declared dissolution of a marriage that was legally conducted in accordance with the Marriage Act.
Procedure to file for divorce in Nigeria
Just as stated earlier, you cannot get divorce except through the court. As a matter of fact, the Marriage Act states that only the High Court of a state in Nigeria has the power to hear and determine divorce cases. Hence, you can only file for divorce in the High Court of a state. Below are some of the steps you should take if you are planning to file for divorce in Nigeria.
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Consult A Lawyer
Briefing a lawyer about the circumstances is the first step to take whenever any legal issue arises. Hence before you file for divorce in Nigeria, you ought to consult a lawyer. Once you have briefed a lawyer, there are lots of questions the lawyer would help you answer. The lawyer would also advice you on your chances of success.
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Prepare for reconciliation
Before you can file for divorce in Nigeria, you must be able to convince yourself that the marriage has broken down irretrievably. However, the rules also give room for reconciliation. After you have briefed your lawyer, your lawyer is duty bound to make attempts to reconcile you and your spouse. If reconciliation doesn’t work, then you can go ahead to file for divorce.
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Prepare and serve court documents
Once your lawyer is satisfied that there is a reason to believe that the marriage has broken down irretrievably, he would then prepare the court documents for you to sign. Afterwards, he would send the documents to the court and have a copy served on your spouse.
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Trial
After the documents have been served on your spouse, the court would fix a date for trial. During the trial, you would be required to give your testimony in court on why you instructed your lawyer to file for divorce. At this stage, you have to convince the judge that your marriage has broken down irretrievably and that all attempts to reconcile with your spouse has failed. In order to convince the judge, you must give evidence to support either of the following conditions:
- That your spouse has wilfully and persistently refused to consummate the marriage;
- That since the marriage, your spouse has committed adultery and you find it intolerable to live with your spouse
- That since the marriage your spouse has behaved in such a way that you cannot reasonably be expected to live with your spouse.
- That your spouse deserted you for a continuous period of at least one year immediately preceding the presentation of the petition
- That you and your spouse have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and spouse does not object to the divorce
- That you and your spouse have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition.
- That your spouse has, for a period of not less than one year failed to comply with a decree of dissolution of conjugal rights made under the Act.
- That your spouse has been absent from you for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.
Once you have provided evidence that proves one of the eight conditions above, then the court would request your spouse to also give his evidence.
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Judgment
After the court has heard the evidence of the parties, the court would then give its judgment. If the judge is convinced, then a temporary divorce is granted which can be terminated by you and your spouse within three months. This temporary divorce is called Order Nisi.
After three months, if you and your spouse take no step to terminate the temporary divorce, then you can apply to the court for a final and permanent divorce. The permanent divorce is known as Decree absolute. Once the court grants the decree absolute your marriage with your spouse becomes permanently dissolved.
Frequently Asked Questions On How To File For Divorce In Nigeria
A divorce proceeding can be commenced in the High Court of any state in Nigeria. The proceedings can be commenced in the High Court of a state notwithstanding the fact that you did not conduct the marriage within the state.
The court usually does not share the properties of the spouse in a divorce proceeding. Where there are disputes over ownership of the properties, you can institute a separate court proceeding that would help determine the ownership of the properties.
The laws state that only the High Court of a state can dissolve a marriage. In order to get a divorce, you must institute a court trial and also attend the trial and give oral evidence as to why the court should dissolve your marriage. Without giving evidence in court, the judge is likely not going to grant your divorce.
In divorce proceedings, the party seeking for the divorce must be physically present to give oral evidence. In a situation where you are too busy to attend the court trial, your legal representative can propose to the court for a trial date that would be convenient for you.
If your spouse has instituted a divorce case against you, the first thing you would need to do is to speak to a lawyer.
In Nigeria, no one has the authority to dissolve a marriage except the High Court of a state. In order to grant the divorce, the court must listen to either or both parties and then make a conclusion whether or not there is a case for divorce. If you choose to go your separate ways without going to the court for a divorce proceeding, then you are still legally married to your spouse.
In order to get a divorce in Nigeria, you would need to hire a Nigerian lawyer for advice and to institute the court action. You would also need to make arrangements to visit Nigeria ahead of the day of trial. Some Nigerian courts are already adopting virtual court hearings. If this pulls through, you may not need to be physically present. Your testimony can be taken through a video conference application such as Zoom or Skype.
Once you have decided to get a divorce and there are genuine reasons backed by the law, then you can go ahead to file for divorce even if your spouse says no. The case would continue without your spouse, however he or she must be notified ahead of each time the case is to come up. The court can grant you a divorce even if your spouse does not attend any of the trial.
When the court is satisfied that truly you deserve to get a divorce, the court would declare that the marriage be dissolved temporarily. This is known as Decree Nisi. You would be given three months grace period within which you can think twice about divorcing your spouse. If after the three months you do not reconcile with your partner then you can apply for a final order which permanently dissolves the marriage. This is known as Decree absolute. Once the Decree absolute is issued, the marriage no longer exists.
During the divorce proceedings, both spouses can argue on who should have custody of the child or children. The judge would then decide on who should have the children, when and how the other spouse should see the children. Also, the judge may give orders concerning the welfare of the children.
The cost of getting a divorce in Nigeria varies from state to state and lawyer to lawyer. Lawyers charge independently of any factor.
A divorce proceeding in Nigeria may last for about six months to one year or more depending on the circumstances. There is no fixed timeframe for a divorce proceeding in Nigeria.
A document called the Order Nisi and another headed as Decree Absolute. These are the court judgments that can serve as proof of divorce with your spouse.
To no longer be in love with your spouse is not enough reason to get a divorce in Nigeria. Before you can get a divorce, you must prove to the court that your marriage has broken down irretrievably. These grounds are discussed in the lengthier article on divorce in Nigeri
If you are the one instituting the divorce, it is often better that you are the party who is not at fault. This is because if you are seeking for justice, then you should come with clean hands. Also, adultery in divorce proceedings is a civil offence that can lead to damages. So, if you are caught having sex with someone who is not your spouse, your spouse may ask for damages (money) against you.
You cannot ask for divorce within the first two years of marriage unless with the permission of the court. The permission of the court is the first step before filing for the divorce. If the court grants the permission, then you can go ahead and file the divorce.
Conclusion
Once you file for divorce and your divorce is granted in Nigeria, the divorce becomes binding and is recognised in other countries. A spouse who is divorced can remarry again. If after divorce you choose to continue with your spouse, then you would have to marry them afresh again.
