What are the two types of recognized marriage in Nigeria, and what is the difference between them in terms of how they are contracted? Which type of marriage requires a Form E certificate to be presented to the court in order to be considered a statutory marriage? Why is it important to know what type of marriage you have before filing for divorce, and how does it affect the process of filing for divorce?
Additionally, what factors should be considered before filing for divorce, particularly if there are children involved? What is the role of a lawyer in the divorce process in Nigeria, and how can one go about choosing a suitable lawyer?
In Nigeria, ending a statutory marriage can be done through divorce proceedings filed in the High Court or in the unfortunate event of the death of a spouse. Although divorce is discouraged and stigmatized, sometimes it is necessary for physical, mental, and financial health. This article aims to guide you through the divorce process in Nigeria.
There are two recognized types of marriages in Nigeria: statutory marriage and customary marriage. Statutory marriage takes place at a marriage registry or an authorized church, while customary marriage is conducted according to applicable customary laws. It is essential to determine the type of marriage you have to know which court to file for divorce.
If it is a statutory marriage, you need a lawyer with experience at the High Court. For a customary marriage, divorce is usually less cumbersome and easier, and it is initiated in a customary court or area court. If you are unsure about your marriage type, check if your marriage certificate is in the Form E format.
Before filing for divorce, consider your children’s best interests as they are the primary consideration in awarding custody under statutory marriage law. The court has a wide discretion in determining the best interest of the children, especially those under eight years old and girl children, to be with their mother.
To file for divorce in the High Court, you must first retain a lawyer as all divorce processes in the High Court have to be signed and filed by a lawyer. When choosing a lawyer, look for one that understands matrimonial law and puts your needs first. You can consult different lawyers until you find one you are comfortable with. Remember that you are paying for a service and do not have to retain a lawyer just because you stepped into their office.
Preparing The Divorce Petition
Once you have retained a lawyer, the next step is to prepare the divorce petition. The petition will state the reasons why you want a divorce and what you want the court to do. This will include things like custody of your children, maintenance and property division. Your lawyer will help you draft the petition and it will be filed at the High Court.
Serving The Divorce Petition
After the divorce petition has been filed, it must be served on your spouse. This means that your spouse must receive a copy of the petition and be given an opportunity to respond. Your lawyer will arrange for a process server to deliver the petition to your spouse. If your spouse cannot be located, your lawyer will ask the court for permission to serve the petition by publication in a newspaper.
Defending The Divorce Petition
If your spouse disagrees with the divorce or does not agree with what you are asking for in the petition, he or she may file a response. This is called a counter-petition. Your lawyer will review the counter-petition and advise you on how to respond. In some cases, the court may require you and your spouse to attend mediation to try to resolve your differences.
Discovery
Discovery is the process of obtaining information about your spouse’s assets and income. Your lawyer may ask your spouse to provide financial documents or answer written questions. This information will be used to help you and your lawyer negotiate a settlement.
Settlement Negotiation
Before going to trial, most divorce cases are settled through negotiation. Your lawyer will negotiate with your spouse’s lawyer to try to reach an agreement on issues such as custody, maintenance and property division. If an agreement is reached, it will be put in writing and presented to the court for approval.
Trial
If you and your spouse cannot reach an agreement on all the issues, the case will go to trial. The court will hear evidence from both sides and make a decision on issues such as custody, maintenance and property division. This is usually a last resort because it can be costly, time-consuming and emotionally draining.
Conclusion
Divorce is a difficult process for everyone involved. However, if you find yourself in a situation where you need to file for divorce, it is important to understand the process and your legal rights. This post has provided an overview of the divorce process in Nigeria for statutory marriages. If you have a customary marriage, the process may be different. It is important to consult with a lawyer who has experience in handling divorce cases in Nigeria to ensure that your legal rights are protected.
MzAgams 