Discover the many advantages of a no-fault divorce in Nigeria using section 15(f) of the Matrimonial Causes Act. Simplify your divorce process today.

Introduction

Divorce is a difficult and emotional experience, no matter where you are in the world. However, in Nigeria, the process of getting a divorce can be especially challenging. The country’s legal system is complex, and the laws surrounding divorce can be confusing and difficult to navigate. In this blog, we will explore the advantages of a no-fault divorce under section 15(f) of the Matrimonial Causes Act and how it can make the divorce process easier for couples in Nigeria.

Understanding No-Fault Divorce

Traditionally, getting a divorce in Nigeria required one person to prove that their spouse was at fault for the breakdown of the marriage. This could be because of adultery, cruelty, desertion, or a variety of other reasons. However, with the introduction of the Matrimonial Causes Act in 1970, couples have been able to seek a no-fault divorce under certain circumstances.

A no-fault divorce is one in which neither spouse is required to prove fault or wrongdoing. Instead, the couple only needs to show that they have been living apart for a minimum of three years. This type of divorce is often less expensive, less time-consuming, and less emotionally draining than a fault-based divorce.

Advantages of No-Fault Divorce Under Section 15(f)

There are several advantages to seeking a no-fault divorce under section 15(f) of the Matrimonial Causes Act in Nigeria. These include:

1. Easier Process

As mentioned above, a no-fault divorce is often less complicated and less expensive than a fault-based divorce. With section 15(f), couples can simply provide evidence that they have been living apart for the required amount of time to get a divorce.

2. Reduced Conflict

In a fault-based divorce, one spouse must prove that the other was at fault for the breakdown of the marriage. This can lead to increased conflict between the couple and make the divorce process more adversarial. A no-fault divorce under section 15(f) allows for a smoother and less contentious process.

3. Greater Privacy

In a fault-based divorce, intimate details of the marriage and personal lives of both spouses may be dragged out into public view. A no-fault divorce under section 15(f) allows for greater privacy as the couple only needs to prove that they have been living apart for the required amount of time.

Eligibility for No-Fault Divorce:

To be eligible for a no-fault divorce under section 15(f) of the Matrimonial Causes Act in Nigeria, certain conditions must be met. First, the marriage must have irretrievably broken down, meaning that there is no possibility of reconciliation. Evidence must be presented to the court to demonstrate that the couple has been separated for at least two years prior to the filing of the divorce petition.

Additionally, the parties must have lived separately and apart for a minimum of two years preceding the filing of the divorce petition. The court may also require evidence that reasonable efforts were made to reconcile the differences between the parties during this period.

It is important to note that if one party contests the divorce, the no-fault provision may not apply. However, if the parties have lived apart for 3 years it no longer matters if one of them objects to the divorce. It is ab initial evidence that the marriage has broken down irretrievable. The court will have to determine whether the marriage has irretrievably broken down and whether there are any grounds for a fault-based divorce.

Overall, while a no-fault divorce may be a more amicable and efficient option, it is important to ensure that all eligibility requirements are met and that legal representation is secured to navigate the divorce process successfully.

The Goal of this Blog

The goal of this blog is to encourage couples in Nigeria who are considering divorce to explore the option of a no-fault divorce under section 15(f) of the Matrimonial Causes Act. By highlighting the benefits of this type of divorce, we hope to make the process easier, less stressful and more accessible.

Conclusion

Divorce is never an easy decision. But for couples in Nigeria, a no-fault divorce under section 15(f) of the Matrimonial Causes Act can make the process less complicated, less contentious, and less expensive. By seeking this type of divorce, couples can move on with their lives more quickly and with less emotional turmoil. If you are considering divorce, we encourage you to explore the option of a no-fault divorce and how it can help you through this challenging time.