How to File for Divorce in Nigeria – Step-by-Step Legal Guide for Men and Women
Introduction:
Secure Your Property Dreams: How to File for Divorce in Nigeria – Step-by-Step Legal Guide for Men and Women
Filing for divorce is a major life decision and often a distressing one. For many individuals in Nigeria—whether man or woman—the process can be confusing, emotionally draining, and legally complex. Divorce goes beyond merely separating; it involves legal rights, child custody, property settlement, and personal wellbeing.
At Chaman Law Firm, we understand that men and women navigating divorce need clarity, strength, and legal support. This guide is crafted to walk you through the entire divorce process in Nigeria—step by step—so you can make informed choices and protect your future.
Understanding the Legal Framework for Divorce in Nigeria
The law that governs the dissolution of statutory marriage in Nigeria is the Matrimonial Causes Act (Cap M7, Laws of the Federation of Nigeria 2004). This Act provides a unified and detailed legal structure for handling petitions for divorce, custody, maintenance, and related reliefs.
It is crucial to distinguish between statutory marriage, customary marriage, and Islamic marriage, as each type follows different divorce processes. However, this guide is focused on statutory marriages, which are registered in court or licensed churches and regulated by the Marriage Act.
How Your Type of Marriage Affects Divorce Procedure
A statutory marriage—also known as a court marriage—is the most legally recognized and protected form of union in Nigeria. It is this category of marriage that is dissolved by the High Court of a State or the Federal High Court, following a structured legal process.
Customary and Islamic marriages, on the other hand, are dissolved according to native laws, customs, or religious provisions. However, if both traditional and statutory ceremonies were conducted (a common practice), the court will dissolve the statutory marriage component through formal legal proceedings.
Grounds for Divorce: Proving Irretrievable Breakdown of Marriage
The sole ground for divorce under Nigerian law is that the marriage has broken down irretrievably. However, the law outlines specific scenarios that a petitioner must prove to establish this ground. These include:
That your spouse has committed adultery, and you find it intolerable to continue living together.
That your spouse has exhibited unreasonable behavior, such as cruelty, violence, constant quarrels, drunkenness, or neglect.
That your spouse deserted you for a continuous period of at least one year.
That you and your spouse have lived apart for two years or more and the other party consents to the divorce.
That you and your spouse have lived apart for at least three years without reconciliation (in which case consent is not required).
That your spouse refused to comply with a court order to resume marital duties.
That your spouse has been presumed dead after being missing and unheard of for at least seven years.
Which Court Handles Divorce Cases in Nigeria?
Only the High Court of a State or the Federal High Court has the jurisdiction to dissolve a statutory marriage in Nigeria. These courts are empowered to hear divorce cases, determine child custody, divide matrimonial property, and issue maintenance or protection orders.
The case may be filed in the state where:
The couple last resided together;
The Respondent currently resides;
The marriage was registered.
For instance, if you and your spouse last lived in Ikeja, Lagos, the Lagos State High Court (Family Division) will likely have jurisdiction.
Step-by-Step Process for Filing a Divorce in Nigeria
1. Consult a Divorce Lawyer:
It is vital to speak with a qualified family law solicitor to assess the strength of your case. At Chaman Law Firm, we provide discreet and result-oriented legal consultations to guide you properly.
2. Draft and File the Petition:
Your lawyer will prepare a formal petition for dissolution of marriage, clearly stating the grounds and supporting evidence. The petition is filed at the appropriate High Court, accompanied by relevant documents such as a copy of your marriage certificate.
3. Serve the Petition on the Other Spouse:
Once filed, the court issues the petition for service. The respondent (your spouse) must be properly served—personally or by substituted means such as newspaper publication if their location is unknown.
4. Await a Response or Defense:
The respondent may agree to the divorce, ignore the petition, or contest it. If contested, the court may schedule several hearings to allow both parties to present evidence and witnesses.
5. Court Hearing:
You (the petitioner) and your legal counsel will present your case. Evidence may include oral testimony, documentary proof (emails, text messages, photographs), or witnesses. The court evaluates the merits and determines whether the marriage has truly broken down irretrievably.
6. Decree Nisi and Decree Absolute:
If satisfied, the court will issue a Decree Nisi—a provisional order of divorce. After three months, the decree may be made absolute, officially ending the marriage.
Filing for Divorce as a Man vs. as a Woman – Any Legal Difference?
The Matrimonial Causes Act is gender-neutral. Both men and women have equal legal standing to initiate divorce proceedings. However, social realities may affect how each gender experiences the process. For example:
Women may face economic vulnerability or fear of losing child custody.
Men may worry about property claims or spousal maintenance.
The law ensures that both parties are heard and fairly treated. The court’s priority remains the welfare of children and fairness in the dissolution of the marriage.
Essential Documents Required in Divorce Proceedings
When filing for divorce, ensure you have the following:
The original or certified copy of your Marriage Certificate
Evidence of adultery, abuse, or desertion (if applicable)
Sworn affidavit supporting your claims
Proof of separation (such as utility bills, tenancy agreements)
Birth certificates of children (if custody or maintenance is being sought)
Any existing agreements or court orders (e.g., child support, protection)
Your lawyer will guide you on additional documentation based on your unique case.
Child Custody and Support: What Happens to the Children?
In every divorce involving children, the court’s guiding principle is the best interest of the child. Custody may be granted to either parent, based on factors such as:
The child’s age and needs
Emotional attachment and stability
Parental conduct
Financial capacity
Proximity to school or other children
In many cases, the mother is awarded custody, especially for younger children. However, the father may also be granted custody if proven to be more suitable.
Child maintenance is mandatory. The parent not granted custody is usually ordered to contribute to the child’s upkeep. The amount depends on their means and the child’s needs.
Division of Property After Divorce
Contrary to common belief, Nigerian law does not enforce a 50/50 sharing of assets. The court evaluates:
The contribution of each spouse (direct or indirect)
The nature of the property (jointly acquired or individually owned)
The needs of the children
The circumstances of each party
Property acquired during the marriage may be shared equitably, especially where there’s joint effort. However, personal property acquired before the marriage remains with the original owner unless otherwise proven.
Spousal Maintenance and Alimony in Nigeria
While spousal maintenance (alimony) is not a common feature in Nigerian divorce law, it may be awarded under special circumstances. This happens where one spouse is unable to maintain themselves due to:
Unemployment or illness
Abandonment of career for family
Income disparity
Maintenance may be temporary or long-term and is subject to the court’s discretion.
How Long Does a Divorce Take in Nigeria?
The time required to finalize a divorce depends on whether the case is contested or uncontested.
An uncontested divorce (where both parties agree) may take about 3 to 6 months.
A contested divorce (disputes over custody, property, or the grounds for divorce) may take 9 to 24 months, or longer depending on court congestion and complexity.
Prompt legal action and proper documentation can significantly reduce delays.
Legal Costs Involved in Filing for Divorce
Costs vary across jurisdictions and based on the complexity of the case. Generally, expenses include:
Legal consultation and filing fees
Service of court processes
Professional fees of lawyers
Documentation and evidentiary expenses
At Chaman Law Firm, we offer cost-effective legal services and can arrange flexible payment structures depending on your situation.
Can You Divorce Through Mediation or Alternative Dispute Resolution (ADR)?
Yes. Nigerian courts encourage parties to explore mediation and reconciliation before litigation. Mediation helps:
Preserve relationships where possible
Protect children from legal trauma
Reduce cost and time
Achieve mutually beneficial agreements
Where mediation fails, litigation becomes inevitable.
What Happens After Divorce is Granted?
Once the Decree Absolute is issued, the marriage is legally dissolved. Thereafter:
Either party is free to remarry
Custody and maintenance orders become enforceable
Property settlement is formalized
Change of name (if any) must be gazetted
Legal obligations between spouses are extinguished, except those preserved by court order
Common Pitfalls in Nigerian Divorce Cases
Avoid the following mistakes:
Representing yourself without a lawyer
Relying on emotion instead of legal reasoning
Ignoring court processes and timelines
Hiding assets or falsifying information
Neglecting to claim custody or child support
Engaging in defamation or social media fights
Conclusion
Divorce may be the end of a marital journey, but it can also be the beginning of a new chapter when managed with wisdom and proper legal support. Whether you are a husband or wife, your rights, dignity, and future matter.
At Chaman Law Firm, we stand by our clients with unmatched professionalism, compassion, and legal excellence. From the moment you decide to file for divorce, through to the final decree, we offer strategic counsel and strong representation.
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