Divorce of statutory marriages in Nigeria is governed by the Matrimonial Causes Act and heard by the High Court, such as the High Court of Lagos State or the High Court of the FCT. Customary and Islamic marriages are dissolved under their own rules, often in customary or Sharia courts.
The ground for divorce
The only ground for dissolution under the Matrimonial Causes Act is that the marriage has broken down irretrievably. This is established by proving one or more facts set out in the Act, such as:
- Adultery, where the petitioner finds it intolerable to live with the respondent
- Behaviour that the petitioner cannot reasonably be expected to live with
- Desertion for a continuous period specified by the Act
- Living apart for a specified period, with or without the respondent's consent, depending on the length of separation
- Wilful refusal to consummate the marriage
- Failure to comply with a decree of restitution of conjugal rights
A petition cannot generally be filed within the first two years of marriage without the court's leave, which is granted only in exceptional circumstances.
The process
- Filing the petition and supporting documents
- Service on the respondent, who may file an answer and cross-petition
- Hearing, where the petitioner proves the facts relied on
- Decree nisi
- Decree absolute after the prescribed period, which finally dissolves the marriage
Ancillary matters
- Maintenance for a spouse and children
- Settlement of property, including the matrimonial home
- Custody of and access to children
- Enforcement of a prenuptial agreement, where one exists
Our approach
We aim to resolve financial and child arrangements by agreement where possible, through negotiation or mediation, reducing cost and distress. Where agreement is not possible, we represent clients firmly in court.
Diaspora clients
We act for clients living abroad whose marriages were contracted in Nigeria, and advise on the recognition of foreign divorces and the interaction between Nigerian and foreign proceedings.
