What is Basic Procedure for Dissolution of Marriage
Introduction
Marriage is a legal and emotional union, but not all marriages endure. When a relationship breaks down irretrievably, parties may resort to dissolution of marriage, commonly known as divorce. In Nigeria, the process is governed by legal provisions depending on the type of marriage—customary or statutory. This article explores the basic procedure for the dissolution of marriage under Nigerian law, using a case study to illustrate practical realities, rights, obligations, and common legal challenges.
1. Types of Marriage in Nigeria
Understanding the type of marriage entered into is vital in determining the proper procedure for dissolution:
1.1 Statutory Marriage
Conducted under the Marriage Act.
Monogamous in nature.
Filed and registered at a marriage registry.
Divorce handled by the High Court under the Matrimonial Causes Act (MCA) 1970.
1.2 Customary Marriage
Based on native customs and traditions.
May be polygamous.
Recognized under customary law.
Dissolution handled by customary courts or traditional authorities.
2. Grounds for Dissolution under Statutory Law
2.1 Governing Law: Matrimonial Causes Act (MCA)
The MCA 1970 applies to statutory marriages and outlines the grounds upon which a marriage may be dissolved.
2.2 Sole Ground: Irretrievable Breakdown
Section 15(1) MCA provides that the court shall grant a divorce only if it is satisfied that the marriage has broken down irretrievably.
This may be proven by one or more of the following:
Adultery and intolerance of the respondent.
Unreasonable behavior.
Desertion for a continuous period of at least one year.
Separation for two years (with consent).
Separation for three years (without consent).
Failure to comply with a restitution of conjugal rights order.
Presumption of death (missing for 7+ years).
3. Pre-action Considerations
3.1 Jurisdiction
The High Court of a State or the Federal High Court has jurisdiction, depending on the circumstances.
3.2 Legal Representation
While it’s possible to represent oneself, engaging a family lawyer ensures proper drafting, court filings, and representation.
3.3 Mediation and Counseling
Some courts may encourage alternative dispute resolution (ADR) or refer parties to counseling.
4. Step-by-Step Procedure for Dissolution of Statutory Marriage
4.1 Filing a Petition for Divorce
Filed at the High Court.
Includes personal details, facts of the marriage, reasons for divorce, and reliefs sought.
Accompanied by:
Marriage certificate (original or copy)
Witness statements
Statement of arrangement for children (if any)
4.2 Service of Process
The petition is served on the respondent, who must respond within the required timeframe (usually 14–21 days).
4.3 Response and Cross-Petition (if any)
The respondent may:
Accept the allegations.
Deny and contest.
File a cross-petition with their own claims.
4.4 Interim Applications (if needed)
The petitioner may seek interim orders on:
Custody
Maintenance
Restraining orders
Use of matrimonial home
4.5 Hearing of the Petition
The court may hear the case:
Based on affidavits (summary trial), or
Orally, with witness testimony and cross-examination.
4.6 Judgment and Decree Nisi
If the court is satisfied, it issues a Decree Nisi—a provisional order of divorce.
A waiting period of 3 months applies before it becomes final.
4.7 Decree Absolute
After the 3-month period, if no objections arise, the court issues a Decree Absolute, officially dissolving the marriage.
5. Ancillary Reliefs and Other Orders
In addition to dissolving the marriage, the court may make orders regarding:
5.1 Custody of Children
The court prioritizes the welfare and best interest of the child.
5.2 Maintenance and Alimony
One party may be ordered to pay spousal support or child maintenance.
5.3 Property Settlement
The court may direct how jointly acquired assets are distributed.
6. Dissolution of Customary Marriage
Customary marriages are dissolved through customary courts or family elders, guided by:
Payment of bride price
Return of gifts
Traditional rites
Notification to both families
Courts may still get involved, especially if children, property, or domestic violence is involved.
7. Case Study: Divorce Under Statutory Law
Case Summary: Mrs. Angela v. Mr. Jude (Lagos High Court)
Angela and Jude were married in 2013 at the Ikoyi Marriage Registry. After years of emotional abuse, Jude moved out in 2019 and ceased communication.
Angela’s Petition
Filed in 2023 on the grounds of:
Unreasonable behavior
Separation for more than 2 years
Desertion
Angela requested:
Dissolution of marriage
Full custody of the children
Child support
Court Process
Court verified service of petition.
Jude responded and denied allegations but failed to appear in court.
Hearing proceeded in his absence.
Outcome
Decree Nisi granted.
After 3 months, Decree Absolute issued.
Angela awarded custody, and Jude ordered to pay monthly support.
Lessons:
Separation over 2 years with no reconciliation can ground a divorce.
The process can continue even without the respondent’s cooperation.
Child support and custody are integral to the final orders.
8. Common Challenges in Divorce Proceedings
8.1 Delays and Bureaucracy
Court congestion often leads to extended timelines.
8.2 Emotional Stress
Divorce is emotionally draining; legal counseling and family therapy are advisable.
8.3 Custody Battles
Custody can be fiercely contested, and courts take time to assess suitability.
8.4 Property Disputes
Parties often fight over who gets what. Documented proof of ownership helps.
9. Important Legal Tips
Hire a competent family lawyer.
Gather all necessary documentation early.
Don’t withhold children or assets out of spite—it could backfire in court.
Be open to mediation or settlement agreements.
10. Post-Divorce Considerations
Update your legal documents and next-of-kin.
Consider counseling for the children.
Plan for financial independence and co-parenting responsibilities.
Conclusion
Dissolution of marriage in Nigeria is a detailed legal process with clearly defined steps and requirements. Whether under statutory law or customary law, the courts require evidence, fairness, and concern for the welfare of children. With proper legal guidance, parties can dissolve a marriage respectfully and move forward.
Thinking of Divorce? Let the Law Guide You Right.
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