Divorce is a significant legal process that marks the dissolution of a marriage. In Nigeria, the procedure and grounds for divorce are governed by the Matrimonial Causes Act of 1970. This article provides a detailed guide on how to file for a divorce in Nigeria, including the grounds upon which a divorce can be granted.
Legal Grounds for Divorce in Nigeria
Under Nigerian law, divorce can be sought on several grounds. These grounds are classified as fault-based and no-fault-based reasons. To succeed in a petition for divorce, the petitioner must establish that the marriage has broken down irretrievably. The specific grounds for divorce include:
- Adultery: The petitioner must prove that the respondent has committed adultery and that the petitioner finds it intolerable to live with the respondent.
- Unreasonable Behaviour: This includes any behaviour by the respondent that makes it unreasonable to expect the petitioner to continue living with them. Examples include domestic violence, habitual drunkenness, and drug addiction.
- Desertion: The respondent must have deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition.
- Living Apart for Two Years: Both parties must have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition, and the respondent must consent to the divorce.
- Living Apart for Three Years: If both parties have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition, the petitioner does not need the respondent’s consent to file for divorce.
- Failure to Comply with a Decree of Restitution of Conjugal Rights: If a decree of restitution of conjugal rights has been made, and the respondent has failed to comply with the decree for a period of at least one year.
- Presumption of Death: If the respondent has been absent for such a time and in such circumstances that the petitioner can reasonably presume them to be dead (typically seven years).
Steps to File for a Divorce in Nigeria
- Consult a Lawyer: Engage a lawyer who specializes in family law to guide you through the process and help you understand your rights and obligations.
- Prepare the Petition: Your lawyer will draft a divorce petition. This document will state the grounds for seeking the divorce and include any evidence or affidavits supporting your claims.
- File the Petition: The petition is filed at the High Court of the state where either party resides. The petitioner must pay the requisite filing fees.
- Service of Petition: The court will serve the petition on the respondent. This ensures that the respondent is aware of the proceedings and has an opportunity to respond.
- Response from the Respondent: The respondent has a specific period to respond to the petition, usually 30 days. The respondent may agree to the divorce, contest it, or file a counter-petition.
- Mediation and Reconciliation: In some cases, the court may require both parties to undergo mediation or reconciliation attempts. This step is intended to resolve issues amicably and possibly avoid a contentious divorce.
- Hearing: If mediation fails, the court schedules a hearing. Both parties, along with their lawyers, will present their case. The petitioner must provide evidence to support the grounds for divorce.
- Judgment: After considering the evidence and arguments, the judge will decide whether to grant the divorce. If granted, a decree nisi is issued initially. This decree will become absolute after three months, finalizing the divorce.
Considerations During the Divorce Process
- Custody of Children: If there are children involved, the court will consider their best interests in awarding custody. Both parents may need to present their case regarding custody arrangements.
- Division of Property: The court will also address the division of marital assets. Nigerian law does not automatically grant a 50-50 split; rather, the division is based on fairness, considering the contributions of both parties.
- Spousal Support: Depending on the circumstances, the court may order one party to provide financial support to the other.
Conclusion
Filing for a divorce in Nigeria involves several legal steps and requires establishing valid grounds for the dissolution of the marriage. Engaging a knowledgeable lawyer is crucial to navigating the process effectively. Understanding the grounds for divorce and the procedural requirements can help ensure that the process is handled as smoothly and fairly as possible.