Ground for Dissolution of Marriage Under the Nigeria Law
Introduction
Marriage is a sacred institution governed by both personal and national laws in Nigeria. However, not all marriages last a lifetime. When the union becomes broken beyond repair, the law provides for dissolution of marriage, commonly referred to as divorce.
Dissolution of marriage in Nigeria is regulated by various legal regimes, depending on the type of marriage involved—statutory (under the Marriage Act), customary (under native law and custom), or Islamic (under Sharia law). This article focuses primarily on the dissolution of statutory marriages—those conducted in a marriage registry or licensed church and governed by the Matrimonial Causes Act (MCA), 1970.
This article explores in detail the grounds upon which a statutory marriage may be dissolved in Nigeria, the legal procedures involved, judicial interpretations, and a practical case study to illustrate how Nigerian courts treat petitions for divorce.
Understanding Statutory Marriage in Nigeria
A statutory marriage is a monogamous marriage contracted under the Marriage Act, either at a marriage registry or in a licensed place of worship, followed by registration with the relevant authority.
Statutory marriage is distinct from customary or religious marriage because it is governed by federal law and offers uniform legal rights and obligations across the country. Only the High Court of a State or the Federal Capital Territory has jurisdiction to hear cases relating to the dissolution of statutory marriages.
Legal Framework for Dissolution of Statutory Marriage
The primary law governing the dissolution of statutory marriages in Nigeria is the Matrimonial Causes Act, 1970 (hereinafter referred to as the MCA). Section 15 of the Act outlines the circumstances under which a court may dissolve a marriage, and Section 16 provides the supporting facts that must be established.
In Nigeria, a marriage under the Act may be dissolved only by a petition to the court, and the petitioner must prove that the marriage has broken down irretrievably.
What Does “Broken Down Irretrievably” Mean?
Section 15(1) of the MCA states that:
“A petition for the dissolution of a marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably.”
This means that the petitioner must prove that there is no possibility of reconciliation or continuation of the marital relationship. It is the sole ground for divorce under Nigerian statutory law.
However, to satisfy the court that the marriage has indeed broken down irretrievably, the petitioner must prove at least one of the eight facts listed under Section 15(2) of the MCA.
Grounds for Dissolution of Statutory Marriage in Nigeria
The following are the eight legally recognized grounds (facts) for proving irretrievable breakdown of a marriage in Nigeria:
1. Adultery and Intolerability
If a spouse has committed adultery and the petitioner finds it intolerable to live with them, this constitutes a valid ground for divorce. The adulterous act must be proven by evidence or inference, and the petitioner must demonstrate personal intolerability—not necessarily public disgrace.
2. Unreasonable Behaviour
If one spouse has behaved in such a way that the other cannot reasonably be expected to continue living with them, the court may grant a divorce. This is the most commonly used ground in modern divorce cases and includes:
Physical abuse or domestic violence
Verbal or emotional abuse
Drug addiction or alcoholism
Neglect or refusal to perform marital duties
Mental cruelty or manipulation
The petitioner must provide specific incidents or patterns of behaviour.
3. Desertion for a Continuous Period of at Least One Year
If one party has deserted the other for a continuous period of at least one year immediately preceding the petition, this is a ground for divorce. Desertion means unjustified and voluntary abandonment of marital cohabitation without consent or cause.
4. Separation for At Least Two Years with Consent
If the parties have lived apart for at least two years, and the respondent consents to the divorce, the court may grant the petition. Separation does not necessarily mean physical distance—it means living as if they are no longer husband and wife, even under the same roof.
5. Separation for At Least Three Years Without Consent
If the parties have lived apart for three years or more, the court will grant a divorce whether or not the respondent consents, provided that the separation was continuous and voluntary.
6. Failure to Comply with Restitution of Conjugal Rights
If a decree for the restitution of conjugal rights (a court order compelling a spouse to resume marital duties) has not been complied with for a period of one year, the marriage may be dissolved.
This ground is rarely used in modern practice, but it remains valid under the law.
7. Presumption of Death
If a spouse has been absent and not heard from for a period of seven years or more, the other party may petition for dissolution of the marriage on the presumption of death. If granted, the surviving spouse is free to remarry.
8. Rape, Sodomy, or Bestiality Committed by the Respondent
If the respondent has been convicted of rape, sodomy, or bestiality, the petitioner may use this as a ground for divorce. This ground is criminal in nature and must be proven with certified judgment or evidence.
Additional Legal Considerations
Duration of Marriage Before Filing
Under Section 30 of the MCA, a petitioner cannot file for divorce within the first two years of marriage unless they obtain leave of court showing exceptional hardship or depravity.
Mediation and Reconciliation
The court will often attempt to reconcile parties before granting a divorce. However, once the petitioner has proven that the marriage has broken down irretrievably, reconciliation is no longer mandatory.
Custody and Property Settlements
Issues of child custody, maintenance, and property distribution are usually determined along with the divorce proceedings, based on fairness, welfare of the children, and contribution of the parties.
Procedure for Filing a Petition for Divorce
Engage a Lawyer: Divorce proceedings are legal in nature and must be handled by a legal practitioner.
File a Petition: The petitioner files a petition at the High Court in the state where the parties reside.
Service on the Respondent: The court serves the petition on the other spouse.
Hearing: The court hears evidence from both sides and examines supporting documents or witnesses.
Judgment: If the court finds that the marriage has broken down irretrievably based on any of the grounds, it will issue a Decree Nisi (provisional order).
Decree Absolute: After three months (or more), the Decree Nisi becomes Decree Absolute, and the marriage is officially dissolved.
Case Study: Mrs. Adaora Eze v. Chuka Eze (2020)
Background
Mrs. Adaora Eze filed a divorce petition at the High Court of Lagos, alleging that her husband, Chuka, had subjected her to years of emotional abuse, including threats, intimidation, and repeated desertion. She cited unreasonable behaviour and desertion for over two years as grounds for dissolution.
Chuka denied the allegations and refused to consent to the divorce.
Evidence Presented
WhatsApp messages showing repeated verbal threats
Witnesses testifying to physical assaults and emotional manipulation
Proof that the couple had lived apart for more than two years
Court’s Decision
The court found that:
The marriage had broken down irretrievably
The petitioner had proven unreasonable behaviour and two-year separation
The respondent’s denial lacked credibility
The court granted a Decree Nisi, followed by a Decree Absolute after three months. Custody of the children was granted to the wife, with visitation rights to the husband.
Lesson
The case underscores the need for proper evidence, professional legal representation, and an understanding of the acceptable grounds under Nigerian law.
Common Misconceptions About Divorce in Nigeria
“The man must approve before divorce is granted.”
False. Consent is only required in two-year separation grounds. For other grounds, divorce can proceed without the respondent’s approval.“Only adultery can justify divorce.”
False. There are eight legally accepted grounds.“If the respondent refuses to appear, the court cannot proceed.”
False. The court may proceed in the respondent’s absence after proof of service.“Women cannot file for divorce.”
False. Either spouse can file, and the law does not discriminate.“Once a petition is filed, divorce is automatic.”
False. The petitioner must still prove the breakdown using one or more of the accepted grounds.
Alternatives to Divorce
While the law permits divorce, it also encourages reconciliation where possible. Alternatives include:
Marriage counseling
Religious or traditional dispute resolution
Legal separation (without dissolution)
Restitution of conjugal rights
These options may be explored before filing for divorce, especially where children or property are involved.
Frequently Asked Questions (FAQs)
Q1: Can I divorce my spouse without their consent?
Yes, except where the sole ground is a two-year separation. Other grounds do not require the respondent’s consent.
Q2: How long does the divorce process take?
It depends on the court’s schedule and complexity of the case but typically between 6 months and 12 months.
Q3: What happens to the children after divorce?
The court decides custody based on the best interest of the child, not automatic gender roles.
Q4: Can I remarry immediately after the divorce?
Yes, once the Decree Absolute is issued, you are legally free to remarry.
Q5: Can I file for divorce in customary marriage using the MCA?
No. Customary marriages are dissolved under customary laws and native courts or area courts.
Conclusion
Marriage is a union of love, duty, and law—but not all marriages survive the storms of life. Nigerian law recognizes this reality and provides structured, just, and lawful procedures for the dissolution of statutory marriages.
To obtain a divorce in Nigeria, the petitioner must establish that the marriage has broken down irretrievably by proving one or more of the eight specific grounds set out in the Matrimonial Causes Act. With proper evidence, legal support, and awareness of rights, anyone can navigate the process.
Divorce is not the end—it can be a path to healing, closure, and a new beginning when conducted lawfully and respectfully.
Considering Divorce? Know Your Rights. Take the Right Legal Step.
Under Nigerian law, a statutory marriage can only be dissolved when it has broken down irretrievably. Whether it’s due to adultery, cruelty, abandonment, or years of separation, the law provides clear grounds and legal protection for you to end a marriage that no longer serves your peace and dignity.
At Chaman Law Firm, we offer expert legal support for:
Filing and defending divorce petitions
Navigating custody and child support issues
Securing fair property settlement
Drafting separation or settlement agreements
Full legal representation in court
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