What is the Role of Insurance in Protecting Land Titles from Unforeseen Events?

What is the Role of Insurance in Protecting Land Titles from Unforeseen Events? Introduction In Nigeria and globally, land is..

WHAT ARE THE BEST MECHANISM IN RECOVERY OF DEBT?

WHAT ARE THE BEST MECHANISM IN RECOVERY OF DEBT? Here are some of the practical ways debt can..

The Validity of the Application of Ignorance of the Law as no Defense in Nigeria

The Validity of the Application of Ignorance of the Law as no Defense in Nigeria Introduction The Latin maxim “ignorantia..

Who is Mercantile Agent

Who is Mercantile Agent Introduction Commerce thrives on trust, representation, and contractual obligations. In today’s fast-paced global market, individuals and..

What is the Role of Land Title Data in Disaster Response and Recovery Planning?

What is the Role of Land Title Data in Disaster Response and Recovery Planning? Introduction Natural disasters such as floods,..

Commercial Properties: How Does the Land Use Act Affect Land Title Registration for Commercial Properties?

Commercial Properties: How Does the Land Use Act Affect Land Title Registration for Commercial Properties? Introduction Commercial real estate forms..

How do Land Surveyors Contribute to Determining Land Boundaries in Nigeria?

How do Land Surveyors Contribute to Determining Land Boundaries in Nigeria? Introduction Land is one of the most valuable assets..

Taxation of Sole Proprietorship

Taxation of Sole Proprietorship Introduction A sole proprietorship is the simplest and most common form of business ownership. In this..

Tips to Conducting Home Inspections in Nigeria

Tips to Conducting Home Inspections in Nigeria 1. Introduction Purchasing a home is one of the most significant financial decisions..

Overview of the Nigeria Value Added Tax

Overview of the Nigeria Value Added Tax 1. Introduction Value Added Tax (VAT) is a consumption tax levied on the..

The Concept of Restitution of Conjugal Rights

The Concept of Restitution of Conjugal Rights 1. Introduction The institution of marriage confers upon spouses a range of rights..

What to Know About Company Resolution

What to Know About Company Resolution 1. Introduction In the corporate world, company resolutions are essential instruments used to formally..

Guide to Hire Lawyers and Law Firms in Nigeria

Guide to Hire Lawyers and Law Firms in Nigeria 1. Introduction Hiring a lawyer or engaging a law firm in..

Provisions for Land Allocation in Areas of Historical and Cultural Significance

Provisions for Land Allocation in Areas of Historical and Cultural Significance 1. Introduction Land is more than just a physical..

What Challenges are Associated with Maintaining Accurate Land Records Over Time?

What Challenges are Associated with Maintaining Accurate Land Records Over Time? 1. Introduction Land is a critical asset that underpins..

Requirements for Registration with the Nigerian Investment Promotion

Requirements for Registration with the Nigerian Investment Promotion 1. Introduction Nigeria stands as a powerhouse in Africa’s investment ecosystem, boasting..

What are the Discretionary Powers of the Court as Regarding the Custody of a Child

What are the Discretionary Powers of the Court as Regarding the Custody of a Child 1. Introduction Child custody is..

Things you Need to Know About Nigeria Cybercrime Prohibition Act 2015

Things you Need to Know About Nigeria Cybercrime Prohibition Act 2015 1. Introduction As the digital economy continues to grow..

The Necessary Documents to Submit to Obtain the Nigeria Maritime Administration and Safety Agency (NIMASA)Certificate

The Necessary Documents to Submit to Obtain the Nigeria Maritime Administration and Safety Agency (NIMASA)Certificate 1. Introduction The maritime industry..

Procedure for the Registration of Deed of Assignment in Nigeria

Procedure for the Registration of Deed of Assignment in Nigeria 1. Introduction In property transactions across Nigeria, the Deed of..

How to Enforce Arbitral Awards in Nigeria

How to Enforce Arbitral Awards in Nigeria 1. Introduction Arbitration has increasingly become the preferred method of resolving commercial disputes..

TYPES OF TENANT IN NIGERIA

TYPES OF TENANT IN NIGERIA Depending on the purpose, duration, and method of establishment, tenancies can be of different..

What Challenges Women Face in Obtaining Land Titles in Nigeria

What Challenges Women Face in Obtaining Land Titles in Nigeria Introduction Land is not just a physical asset; it is..

What is the Process of Land Acquisition in Nigeria?

What is the Process of Land Acquisition in Nigeria? Introduction Land acquisition in Nigeria is a major investment decision and..

How Does Land Record Keeping Ensure Accurate Land Titles in Nigeria?

How Does Land Record Keeping Ensure Accurate Land Titles in Nigeria? Introduction Land is one of the most valuable and..

How to Apply for and get Certificate of Occupancy in FCT Abuja, Nigeria

How to Apply for and get Certificate of Occupancy in FCT Abuja, Nigeria Introduction A Certificate of Occupancy (C of..

Landlord and Tenant Relationship

Landlord and Tenant Relationship in Nigeria: Rights, Obligations, and Legal Framework Introduction The relationship between landlords and tenants is one..

What are Five Ways to Prove Ownership of Land

What are Five Ways to Prove Ownership of Land Introduction In Nigeria, land is a priceless asset. Whether it’s a..

How to get Travel Insurance in Nigeria

How to get Travel Insurance in Nigeria Introduction Traveling offers new opportunities—business expansion, academic pursuits, cultural experiences, spiritual pilgrimages, and..

Property Insurance in Nigeria

Property Insurance in Nigeria Introduction Property ownership in Nigeria is a significant investment—whether it’s for residential use, commercial purposes, or..

How are Land Tenures and Customary Land Tenure Systems Understood in Nigeria?

How are Land Tenures and Customary Land Tenure Systems Understood in Nigeria? Introduction Land is one of the most critical..

What are the Rights of an Employee Under the Nigerian Legal System

What are the Rights of an Employee Under the Nigerian Legal System Introduction In Nigeria’s dynamic and rapidly evolving employment..

How Can Customary Land Tenure Systems Coexist with Statutory Land Ownership?

How Can Customary Land Tenure Systems Coexist with Statutory Land Ownership? Introduction Land remains one of the most powerful and..

Difference Between Ownership and Possession

Difference Between Ownership and Possession Introduction In property law, the concepts of ownership and possession often intertwine, yet they remain..

Who may Adopt?

Who may Adopt? Introduction Adoption is a noble and life-changing process—for both the adoptive parents and the child. In Nigeria,..

THE CONCEPT OF RULE OF LAW IN NIGERIA

THE CONCEPT OF RULE OF LAW IN NIGERIA Rule of law is a legal maxim that suggests that no..

What is the Relationship Between Parent and Subsidiary Company?

What is the Relationship Between Parent and Subsidiary Company? Introduction In the complex and evolving world of corporate structures, parent..

How to Open a Company Bank Account in Nigeria

How to Open a Company Bank Account in Nigeria Introduction In Nigeria, opening a company bank account is not just..

How Does the Land Use Act Impact Land Ownership and Titles in Nigeria?

How Does the Land Use Act Impact Land Ownership and Titles in Nigeria? Introduction The Land Use Act of 1978..

What is the Basic Procedure for Dissolution of Marriage in Nigeria? 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.

What is Basic Procedure for Dissolution of Marriage

What is Basic Procedure for Dissolution of Marriage Introduction Marriage is a legal and emotional union, but not all marriages..

What is Stamping and Up-Stamping of a Mortgage Document

What is Stamping and Up-Stamping of a Mortgage Document? Introduction In the realm of real estate and secured transactions, mortgage..

How to Get an International Money Transfer Service License in Nigeria

How to Get an International Money Transfer Service License in Nigeria Introduction The rapid growth of cross-border transactions and remittance..

How do Land Titles Impact Housing Development in Nigeria?

How Do Land Titles Impact Housing Development in Nigeria? Introduction Housing development is a cornerstone of economic growth and urban..

What are The Possible Solutions on the Battling Challenges to the Estate Industry in Nigeria

What are The Possible Solutions on the Battling Challenges to the Estate Industry in Nigeria Introduction The estate industry in..

Floodplain Management under the Land Use Act in Nigeria

Floodplain Management Under the Land Use Act in Nigeria Introduction Flooding remains one of the most devastating natural disasters in..

Evaluating Real Estate Investment Returns and Performance Metrics in Nigeria

Evaluating Real Estate Investment Returns and Performance Metrics in Nigeria Introduction Real estate is often considered one of the most..

How to File Patent in Nigeria

How to File Patent in Nigeria Introduction Innovation is the cornerstone of progress, and in Nigeria’s emerging economy, inventors, startups,..

What are the Benefits and Types of Insurance in Construction Contracts?

What are the Benefits and Types of Insurance in Construction Contracts? Introduction Construction projects are capital-intensive and inherently risky. From..

How to Obtain an Infant Visa in Nigeria

How to Obtain an Infant Visa in Nigeria Introduction Traveling internationally with an infant is a major milestone for any..

Where Marriage Under the Act can be Conducted in Nigeria

Where Marriage Under the Act can be Conducted in Nigeria Introduction Marriage is a sacred and legal institution that lays..