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As a legal professional in Nigeria, I have seen many clients struggle with the process of divorce. It can be emotionally and financially draining, and navigating the legal system can be overwhelming. In this article, I will provide an overview of the divorce process in Nigeria, including the legal requirements, grounds for divorce, child custody and support, property division, cultural and societal factors, and alternative dispute resolution methods. I will also offer tips for navigating the process and finding a divorce lawyer in Nigeria.

Introduction to Divorce in Nigeria

Divorce is a legal process that allows couples to end their marriage. In Nigeria, divorce is governed by the Matrimonial Causes Act, which was passed in 1970. This law sets out the legal requirements for divorce, including the grounds for divorce, procedures for filing for divorce, and rules for child custody and support, as well as property division.

The Legal Process of Divorce in Nigeria

The legal process of divorce in Nigeria can be lengthy and complicated. To file for divorce, one must first meet certain legal requirements. For example, at least one spouse must have been a resident of Nigeria for at least one year before filing for divorce. Additionally, the couple must have been married for at least two years, unless one spouse can show evidence of adultery, cruelty, or desertion.

Once these requirements are met, the spouse who wants to file for divorce must prepare a petition and file it with the court. This petition will outline the grounds for divorce and the relief being sought, such as child custody, support, and property division. The other spouse will then have the opportunity to respond to the petition, either agreeing to the divorce or contesting it.

If the divorce is contested, the court will hold hearings to determine the grounds for divorce and to make decisions regarding child custody and support, as well as property division. The court may also order mediation or alternative dispute resolution methods to try to resolve the issues without going to trial.

Grounds for Divorce in Nigeria

There are several grounds for divorce in Nigeria, including adultery, cruelty, desertion, and irretrievable breakdown of the marriage. Adultery is one of the most common grounds for divorce, and it is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Cruelty is another common ground for divorce, and it includes physical or mental abuse, as well as any behavior that makes it impossible for the couple to continue living together.

Desertion is another ground for divorce, and it occurs when one spouse abandons the other for at least two years without justification. Finally, irretrievable breakdown of the marriage is a catch-all ground that can be used if the couple has been living apart for at least two years and there is no chance of reconciliation.

Divorce Proceedings in Nigeria – Court Appearances and Documentation

Divorce proceedings in Nigeria typically involve multiple court appearances and a significant amount of documentation. The spouse who files for divorce must prepare a petition and file it with the court, along with a sworn affidavit stating the grounds for divorce. The other spouse will then have the opportunity to respond to the petition, either agreeing to the divorce or contesting it.

If the divorce is contested, the court will hold hearings to determine the grounds for divorce and to make decisions regarding child custody and support, as well as property division. Both spouses will be required to attend these hearings, along with any witnesses or experts who may be called to testify.

Throughout the process, both spouses will also be required to provide documentation, such as financial statements, tax returns, and property deeds. These documents will be used to help the court make decisions regarding property division and support.

Child Custody and Support in Nigerian Divorce Cases

Child custody and support are often the most contentious issues in Nigerian divorce cases. Under Nigerian law, the best interests of the child are the primary consideration in making decisions regarding custody and support. The court will consider factors such as the child’s age, health, education, and emotional needs, as well as the parents’ ability to provide for the child.

In most cases, the court will award custody to one parent, with the other parent having visitation rights. The court will also order one parent to pay child support to the other parent, based on the needs of the child and the ability of the paying parent to provide support.

Property Division in Nigerian Divorce Cases

Property division is another important issue in Nigerian divorce cases.

In Nigeria, the settlement of property during a divorce is governed by the Matrimonial Causes Act, 1970. The Act provides that the court may make orders for the settlement of property on divorce, including orders for the transfer of property, the payment of maintenance, and the division of assets.

The court will consider the following factors when making orders for the settlement of property:

• The length of the marriage
• The contributions of each spouse to the acquisition of the property
• The needs of each spouse
• The welfare of any children of the marriage

The court will also have regard to the cultural and religious background of the parties. When making decisions the court may treat the property regime as separate property and require strict proof of ownership and contribution.

There are some cases decided by the Nigerian court where they did not share the property:

• In the case of Adeyeye v. Adeyeye, the Nigerian Court of Appeal held that the court did not have the power to order the settlement of property on divorce, if the property was acquired through inheritance. In this case, the parties had been married for 10 years and had two children. The husband had inherited a property from his father, and the wife had inherited a property from her mother. The husband argued that the court should order the settlement of the property, as it was marital property. However, the court held that the property was not marital property, as it was acquired through inheritance. The court held that the husband was entitled to keep the property that he had inherited from his father, and the wife was entitled to keep the property that she had inherited from her mother.
• In the case of Akinola v. Akinola, the Nigerian High Court held that the court could not order the settlement of property on divorce, if the property was acquired through a gift. In this case, the parties had been married for 5 years and had no children. The husband had received a gift of a property from his employer, and the wife had received a gift of a property from her parents. The husband argued that the court should order the settlement of the property, as it was marital property. However, the court held that the property was not marital property, as it was acquired through gift. The court held that the husband was entitled to keep the property that he had received as a gift from his employer, and the wife was entitled to keep the property that she had received as a gift from her parents.
• In the case of Ogunsanwo v. Ogunsanwo, the Nigerian High Court held that the court could not order the settlement of property on divorce, if the property was acquired through a loan. In this case, the parties had been married for 7 years and had one child. The husband had taken out a loan to purchase a property, and the wife had agreed to co-sign the loan. The husband argued that the court should order the settlement of the property, as it was marital property. However, the court held that the property was not marital property, as it was acquired through a loan. The court held that the husband was solely liable for the repayment of the loan, and that the wife was not entitled to any interest in the property.

These cases show that the Nigerian courts will not always order the settlement of property on divorce. The courts will consider all of the relevant factors, including the source of the property, when making a decision about whether or not to order the settlement of property. In the following cases the courts did share the marital property. The courts have very wide discretion in making settlement orders.

In the case of Ogunleye v. Ogunleye, the Nigerian Court of Appeal held that the court has the power to order the settlement of property on divorce, even if the property was acquired before the marriage. In this case, the parties had been married for 20 years and had two children. The husband had acquired a property before the marriage, and the wife had acquired a property during the marriage. The husband argued that the court should not order the settlement of the property, as it was acquired before the marriage. However, the court held that the property was marital property, and that the court had the power to order its settlement. The court ordered that the property be sold, and that the proceeds be divided equally between the parties.

In the case of Akinyemi v. Akinyemi, the Nigerian Supreme Court held that the court must consider the welfare of any children of the marriage when making orders for the settlement of property. In this case, the parties had been married for 10 years and had two children. The husband was a businessman, and the wife was a housewife. The husband argued that the court should award him the family home, as he had paid for it. However, the court held that the welfare of the children was the paramount consideration, and that the family home should be awarded to the wife, as she was the primary caregiver for the children.

If the parties are able to reach an agreement on the settlement of property, they may file a consent order with the court. The court will then approve the order and make it a court order.

Challenges of Divorce in Nigeria – Cultural and Societal Factors

There are a number of challenges to seeking a divorce in Nigeria. These challenges include:

• Cultural and societal factors. In many Nigerian communities, divorce is stigmatized and seen as a failure. This can make it difficult for individuals to seek a divorce, even if they are in an unhappy or abusive marriage.
• The legal system. The legal system in Nigeria can be slow and inefficient, which can prolong the divorce process and increase the emotional and financial toll on the parties involved.
• The cost of divorce. The cost of divorce in Nigeria can be high, which can make it difficult for some people to afford the process.
• The impact on children. Divorce can have a significant impact on children, and it is important to consider the needs of the children when making the decision to divorce.

If you are considering divorce in Nigeria, it is important to be aware of the challenges involved. It is also important to seek legal advice to understand your rights and options.

Mediation and Alternative Dispute Resolution Methods for Divorce in Nigeria

Mediation and alternative dispute resolution methods can be a helpful way to resolve issues in a divorce without going to trial. Mediation involves a neutral third party who helps the parties negotiate a settlement. This can be a less adversarial way to resolve issues and can result in a faster and less expensive divorce.

Other alternative dispute resolution methods include arbitration and collaborative law. In arbitration, a neutral third party makes a binding decision regarding the issues in the divorce. In collaborative law, each spouse has their own lawyer, and the parties work together to negotiate a settlement without going to trial.

Hiring a Divorce Lawyer in Nigeria

Hiring a divorce lawyer in Nigeria is an important step in navigating the divorce process. A qualified divorce lawyer can help you understand the legal requirements for divorce, advise you on the best course of action, and represent you in court. When choosing a divorce lawyer, it is important to look for someone with experience in family law and a track record of success in divorce cases.

Conclusion – Tips for Navigating the Divorce Process in Nigeria

Divorce in Nigeria can be a challenging process, but it is possible to navigate with the help of a qualified divorce lawyer. To successfully navigate the divorce process in Nigeria, it is important to understand the legal requirements for divorce, the grounds for divorce, child custody and support, property division, cultural and societal factors, and alternative dispute resolution methods. By following these tips and seeking the help of a qualified divorce lawyer, you can successfully navigate the divorce process in Nigeria.

If you need help navigating the process of divorce in Nigeria, book an appointment with MzAgams NOW. Our experienced divorce lawyers can help you understand your legal rights and options and represent you in court. Contact us today to schedule a consultation.