Navigating the legal landscape of divorce in Nigeria can be daunting. The process involves multiple legal considerations that must be thoroughly understood to ensure a smooth transition. Whether you’re contemplating a divorce or are already in the midst of one, being informed about the legal issues can help you make the best decisions for your future. This guide breaks down the divorce process, the grounds for divorce, and the critical legal factors you need to be aware of.
Common Legal Issues in Nigerian Divorces
Divorce in Nigeria is governed primarily by the Matrimonial Causes Act, which outlines the procedures, grounds, and legal considerations for dissolving a marriage. Below are the key legal issues you need to consider:
1. Grounds for Divorce
In Nigeria, a divorce can only be granted if the marriage has “broken down irretrievably.” This is a broad term, but it is legally defined by several specific conditions, including:
- Adultery: If one partner engages in an extramarital affair and the other partner finds it intolerable to live with them.
- Desertion: If one partner abandons the other for a continuous period of at least one year without any valid reason.
- Irreconcilable Differences: This could involve various issues such as chronic intoxication, abusive behavior, or mental illness that makes it impossible for the marriage to continue.
- Two-Year Separation: If both parties have lived apart for a continuous period of at least two years and agree to the divorce.
- Failure to Fulfill Marital Obligations: This includes the inability to consummate the marriage or provide financially (Mondaq) (TheCable).
2. The Divorce Process in Nigeria
The divorce process begins with the filing of a petition at the High Court by either party. This petition must clearly state the grounds for divorce and include all necessary documentation, such as the marriage certificate and any evidence supporting the claim.
- Jurisdiction: Only the High Court in the state where either party resides has the jurisdiction to hear the divorce case.
- Pre-Trial Reconciliation: Nigerian law mandates that before the court hears the case, efforts must be made for reconciliation. The judge may act as a mediator to attempt to resolve the issues amicably (Mondaq).
- Trial Process: If reconciliation fails, the case proceeds to trial, where both parties present their evidence and witnesses. The judge then decides based on the presented facts.
- Decree Nisi and Decree Absolute: If the judge is satisfied that the marriage has broken down irretrievably, a Decree Nisi is issued, which becomes absolute after three months, finalizing the divorce (TheCable).
3. Custody of Children
Child custody is often one of the most contentious issues in a divorce. Nigerian courts prioritize the best interests of the child, considering factors such as the child’s age, the parent’s ability to provide care, and the child’s preference if they are of a suitable age to express one.
- Joint Custody: In some cases, courts may grant joint custody, where both parents share responsibilities.
- Maintenance and Support: The non-custodial parent may be required to provide financial support for the child’s upbringing (Mondaq).
4. Property Division
Another critical aspect of divorce is the division of property. In Nigeria, there is no automatic 50/50 split of assets. Instead, the courts take into account factors such as:
- Contributions to the Marriage: This includes both financial and non-financial contributions, such as homemaking.
- Future Needs: The financial needs of each party, including their ability to earn an income and their standard of living during the marriage (TheCable).
5. Spousal Maintenance
Spousal maintenance, also known as alimony, is not a guaranteed right in Nigerian divorces. The court may order maintenance based on the financial circumstances of each party, the length of the marriage, and the standard of living enjoyed during the marriage. The amount and duration of maintenance are determined on a case-by-case basis (TheCable).