HOW TO GET A DIVORCE IN NIGERIA : A COMPLETE GUIDE TO NIGERIAN DIVORCE PROCESS

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HOW TO GET A DIVORCE IN NIGERIA : A COMPLETE GUIDE TO NIGERIAN DIVORCE PROCESS

HOW TO GET A DIVORCE IN NIGERIA : A COMPLETE GUIDE TO NIGERIAN DIVORCE PROCESS

HOW TO GET A DIVORCE 

GETTING A DIVORCE IN NIGERIA

Divorce is the termination of a marital union, the cancelling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.

Filing for a divorce in Nigeria can be a stressful experience: affecting finances, living arrangements, household jobs, schedules etc.
Meanwhile, it is better to learn more about how to get a divorce in Nigeria before filing for a divorce. It is also important for anyone seeking to understand how to get a divorce that there are different disputes resolutions and mediation mechanisms in Nigeria that can intervene on matrimonial matters, and the divorce should only be considered as a last resort for anyone facing a troubling marriage.
However, if someone must consider the option of a divorce, the followings are necessary steps or things to put into consideration:

. Consulting a Lawyer
In diving into the issue of Divorce, the first and most important thing is to consult a Lawyer, briefing the Lawyer about necessary information as regards the marriage contracted most especially on important divorce requirements.

• Grounds for Divorce
It is noteworthy that the divorce grounds vary significantly from country to country. Divorce under the Statutory law in Nigeria is basically governed by the provisions of the Matrimonial Causes Act CAP 220 LFN 1990.
A marriage celebrated under the Act (i.e. Statutory Marriage), as opposed to Customary Marriage and Islamic Marriage can only be dissolved on the ground that the marriage has broken down irretrievably. Section 15 (2) of the Act states the grounds upon which a marriage may be dissolved. It provides as follows:
The court hearing a petition for the decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably, if, but only if, the petitioner satisfies the court of one or more of the following facts:
a) That the respondent has willfully and persistently refused to consummate the marriage.
(A party is said to have willfully and persistently refused to consummate a marriage when he or she deliberately refuses to have sexual intercourse with the other party despite a number of requests.
The Petitioner must satisfy the Court that no consummation has taken place before the commencement of the hearing of the Petition).

b) That since the marriage, the respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent.
(Adultery means the voluntary sexual relations between either of the party to the marriage to a third party.
Furthermore, a party is said to commit adultery if the sexual relations with the third party was voluntary or consensual during the subsistence of the marriage).

c) That since the marriage, the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
(Section 16 MCA provides circumstances that can fall under the fact. Example rape, sodomy, bestiality, drunkenness, going in and out of jail etc. Note that cruelty falls under the ground too).

d) The respondent has deserted the petitioner for a continuous period of at least one year, immediately preceding the presentation of the petition;
(Desertion means living apart with the intention to bring to an end all rights and duties of marriage.
Living apart with the consent of the other party does not amount to desertion. Note that such consent can be withdrawn and upon withdrawal of consent, the period for purpose of desertion begins to count.
There is willful and constructive desertion. In willful desertion, the person that left is in desertion while in constructive desertion, the person in the house is in desertion (by conduct causing the other party to live apart).

e) That the parties to the marriage have lived apart for a continuous period of at least two years, immediately preceding the presentation of the petition and the Respondent does not object to a decree being granted.
(It is important to note that mere physical separation does not constitute living apart.
Living apart involves physical separation accompanied by the termination of consortium).

f) That the parties to the marriage have lived apart for a continuous period of at least three years, immediately preceding the presentation of the presentation of the petition.
(Living apart as envisaged by the ground does not connote physical living apart of the parties to the marriage.
There must be evidence of definite termination of the consortium between the parties to the marriage before the physical fact of being apart can be said to constitute separation).

g) That the other party to the marriage, has for a period not less than one year, failed to comply with a decree of restitution of conjugal rights made under the Decree.
(The main ground here is that the Respondent has failed to resume cohabitation with the Petitioner in compliance with a court order to that effect.
The Respondent must also not have been cohabiting at the time of the presentation of the petition).

h) That the other party to the marriage has been absent from the petitioner for such time, and in such circumstances, as to provide reasonable grounds for presuming that he or she is dead.
(Under the Evidence Act, a person must be absent for 7 years for such person to be presumed dead.  Section 164(1) EA, 2011, Section 16(2) (a) MCA)
Where the above-stated grounds have been proved by the petitioner to contribute to the irretrievable breakdown of the marriage, he or she is entitled to a decree of divorce.

➢ DIVORCE PAPERS
After proper consultation with the Lawyer, the lawyer to the Petitioner can then go ahead to prepare the necessary documents or papers for filing for a divorce at the appropriate Court. The following are the required and important documents to be filed namely:
a) Notice of petition.
b) Petition for the dissolution of marriage.
c) Verifying affidavit.
d) Certificate relating to reconciliation signed by the legal practitioner.
e) Acknowledgement of service.
f) Original Marriage Certificate.
By Section 32 of the Marriage Act which states: where the original marriage certificate is lost, a duly certified true copy thereof or entry in a marriage book and a certified true copy of such copy could be tendered in evidence.

g) Discretion statement
This statement is required to be filed where a party to the proceedings has committed adultery either before the filing of the petition or answer but before the trial of the proceedings.

➢ DIVORCE PROCESS
Every matrimonial cause or divorce process in Nigeria shall be commenced by Petition – Section 54(1) MCA. The petitioner commences or institutes matrimonial proceedings by a PETITION.
The content of the Divorce Petition shall include followings:
1) Petition or suit number.
2) Parties and status.
3) Full names, occupation and address of each of the party to the proceeding. Name of the wife immediately before marriage.
4)Particulars of the marriage.
5) Particulars of birth of the parties to the marriage.
6) Particulars relating to domicile or residents of the marriage in Nigeria.
7) Particulars of cohabitation of the parties to the marriage and its ceasing.
8) Particulars of children of the parties to the marriage and the children of either party to the marriage.
9) Particulars of previous proceedings between the parties to the marriage, if applicable
10) Facts relied upon but not evidence by which the facts are to be proved. Facts to support the ground.
11) Condonation, connivance and collusion.
12) Proposed arrangement for children.
13) Custody.
14) Maintenance and settlement of property.
15) Reliefs being sought
16) Address for service on Respondent.

The Respondent can also file an answer to the petition. And the Petitioner may also file a reply to the answer.
The Respondent can also cross-petition which is in form of another petition. Then Trial may commence.

Factors To Be Considered In A Divorce

•  Jurisdiction
The only court with the jurisdiction for the above-mentioned proceedings is the High Court of any state of the federation. However, where the High Court of a State makes an order for maintenance, the order can be enforced in a court of summary jurisdiction in a summary manner. Thus the Magistrate Court being a court of summary jurisdiction can enforce such order of maintenance, subject to its jurisdictional limit.
There is a single jurisdiction for the High Court as any High Court of any state of the federation can exercise jurisdiction irrespective of where the parties to the proceedings are domiciled.
Thus for the purpose of matrimonial causes, there is only one domicile, which is Nigeria, notwithstanding that the parties being domicile in different states.
However, section 9(2) of the MCA provides that for the transfer of any matrimonial proceedings in a court where it was commenced to another Court on the ground that the first Court is not convenient for the parties and the latter is more convenient.

• Domicile
The general rule is that it is the domicile of the petitioner that confers jurisdiction on the High Court of a state for the purpose of hearing matrimonial proceedings. The petitioner must be domiciled in Nigeria before the court can have jurisdiction. Section 2(3) MCA.
Domicile in one word is the permanent home of a person. There are three types of domicile:
a) Domicile of origin,
b) Domicile of choice; and
c) Domicile of dependence.
Domicile of choice is the domicile taken by a person upon attaining majority. In this like, one must be resident in that country permanently or indefinite period and an intention to so remain. That is the animus.
Domicile of dependence is a domicile given to persons dependent on others e.g. a child, wife, etc. thus the domicile of a wife follows that of the husband. Upon marriage, the wife takes the domicile of her husband.
If the husband changes his domicile, the wife’s domicile automatically changes. Hence, before a wife can bring matrimonial proceedings in Nigeria, she must be domiciled in Nigeria, that is, her husband must be domiciled in Nigeria.
However, because of the injustice that is likely to be done to a deserted wife in Nigeria whose husband may have changed his domicile, special domicile for the purposes of matrimonial proceedings before the Nigerian court was created for such wife under the Section 7(a) &(b) MCA.
Thus where the wife was domiciled in Nigeria either immediately before her marriage or immediately before the desertion, she shall be deemed domiciled in Nigeria – Section 7(b) MCA. Also, where at the date of instituting the proceeding, she has been resident in Nigeria for at least 3 years before instituting the matrimonial proceeding, she shall be deemed to be domiciled in Nigeria – Section 7(b) MCA. The special domicile so created is only for the purpose of the matrimonial proceeding, thus limited.

• The Two-year rule
Because of the need to protect the sanctity of marriage, Section 30(1) MCA provides that proceeding for dissolution of marriage shall not be made/instituted within two years after the date of the marriage except by leave of the Court.
Thus where proceeding for dissolution of marriage is to be instituted within two years of celebrating the marriage, the leave of court must be sought.
However, the Court can only grant leave on the ground that to refuse to grant leave would impose exceptional hardship on the applicant or that the case is one involving exceptional depravity on the other party to the marriage – section 30(3) MCA.
However, the foregoing provisions and requirements do not apply where the fact relied on are:
a) Willful and persistent refusal to consummate the marriage – Section 15(2) (a).
b) Adultery since the marriage by the respondent and the petitioner finding it intolerable to live with the respondent – Section 15(2) (b).
c) Commission of rape, sodomy, or bestiality – Section 16(1) (a).
d) Where the institution of proceedings for a decree of dissolution is by way of cross-petition.

• Compulsory Conference

A judge may order parties to hold a compulsory conference, where a party is outrightly denying his or her responsibility or liability. Such conference may also be mandated where parties need to discuss the issues related to custody and settlement of properties. A compulsory conference maybe neglected where having regards to the circumstances of the case, neither party is outrightly denying a responsibility or liability, but they are only disputing the extent of it. In such a circumstance, the judge may refuse to mandate a compulsory conference since the scope or extent of such dispute is already subject to the discretion of the court.

• Setting down for hearing
There is no room for default judgment in matrimonial proceedings, therefore all facts or matters must be proved, thus there are defended or undefended suit.
In a defended suit, the parties join issues; answer or cross-petition and answer; and reply. A defended suit is set down for trial in Form 32 MCR.
An undefended suit is where parties have not joined issues because the respondent did not file an answer. It is set down in Form 31 MCR.
Then a Registrar Certificate is issued indicating that the matter is ripe for hearing. The notice of the trial is in Form 33 MCR.
Every matrimonial proceeding is to be heard in public – Section 103(1) MCA

 

➢ NIGERIAN DIVORCE CERTIFICATE
After the conclusion of the trial and the Court is satisfied with the existence of any ground in respect of which relief or order is sought, it may grant a decree of dissolution of marriage.
A decree is granted in two stages namely:
a. Decree Nisi
b. Decree Absolute

• Effect of Decree Nisi
Generally, a Decree Nisi is for a period of 3 months after which it may be made absolute. Note the following exceptions:
1. Where there is a valid appeal against a Decree Nisi, it will not become absolute except at the expiration of a period of 28 days from the day on which the appeal is determined or discontinued.
2. Where there are children of the marriage under the age of 16years at the date of the Decree Nisi, the Decree shall not become absolute unless the Court is satisfied that proper arrangements have been made for the welfare and in appropriate cases, the advancement and education of the children. Otherwise, the Court must be satisfied that there are special circumstances that warrant the Decree Nisi being made absolute.
Also, a Decree Nisi may be rescinded by the Court at any time before the Decree becomes Absolute:
a. Upon the application of either of the parties to the marriage on the ground that the parties have reconciled. The application is usually by way of Motion Exparte if the parties to the marriage have by a joint or individual affidavit filed in support of the application verified the ground of the application.
b. On the application of a party to the proceedings, if the Court is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance.
The Court may if it thinks fit, order that the proceedings be reheard. The party who makes the application shall cause it to be served on the other parties to the proceedings unless such services had been dispensed with.
c. Where an intervention takes place by the Attorney-General or other persons after a Decree Nisi has been made, the Court may rescind the Decree if it is proved that the Petitioner has been guilty.

• Effect of Decree Absolute
Generally, by Section 33 MCA, where a decree of dissolution of marriage has become absolute, a party to the marriage may marry again as if the marriage had been dissolved by death.
However during the 3 months following the issuance of the Decree Nisi, neither the party is free to lawfully marry a third party whether under customary law or marriage under the Act.
enforce
• Decree and Right of Appeal
A party to any matrimonial proceedings may appeal against the Decree Nisi before it becomes absolute. An appeal against a Decree Nisi must be filed within 3 months.
Being a final decision of the High Court, the appeal is as of right by virtue of Section 241(1) (a) of the Constitution of the Federal Republic of Nigeria 1999.
However, if the party fails to appeal against a Decree Nisi having had time and opportunity of doing so and the Decree Nisi is made absolute, then no right of appeal exists.

➢ CONCLUSION
Finally, it can be noted that the process of getting a divorce in Nigeria is a bit longer process compared to divorce processes in foreign jurisdictions. And for a suit of dissolution of marriage to be successful in Nigeria, the Petitioner must have brought his or her petition in line with the grounds stated under the Matrimonial Causes Act and must satisfy the various requirements of the law.
However, it is important to know that a divorce may be very expensive in Nigeria. The cost of the divorce in Nigeria is usually determined on facts contained in the petition or nature of the divorce. The fact of the case is what would determine the time and industry a lawyer handling the matter would put into it. And the legal fee in Nigeria is usually based on the quantum of work done by the lawyer(s) on a client’s case.

By Family Law Department at Resolution Law Firm, Nigeria.

Tel: 08099223322

Email: info@resolutionlawng.com

92 Comments

  1. anonymous says:

    Good evening.
    My husband left home six year ago, all effort to traces him has been abortive. I want to settle down and want to know how I will go about the divorce processes since he can not be traced.

    Thank you.

  2. Anonymous says:

    After one year of separation and threats that the marriage is over.The wife has been with the children and has been taking good care of them including fees and welfare.
    What is the right way to get the man to release her personal belongings and pay for child maintenance. Kindly advice.

  3. Anonymous says:

    Does a husband have the right to seize his wife’s property during separation?

  4. Esther says:

    Hi. My marriage was done in the church in 2015. No issue yet. I have been burdened on how to give my hubby a child, but I noticed he was not really bothered. So this year, to save me the stress, I spoke with him about his careless attitude towards child bearing, then asked him if he was ready to father a child, he said yes but not this year. He said I should give him till 2022. It was not funny knowing that I have spent 3yrs in the marriage before hearing this. His reason was that he wants to establish himself financially, I saw reasons with him but told him I can’t wait for him.
    After much, he also saw reasons with me, and we agreed to part ways. We want to bring in the families, inform them and then make a written note where we both will sign. Or can we get a divorce note without going through all these court processes. Please advice.

  5. Good evening. I got married to my wife on February 11, 2016 in registry at Ibadan North, Oyo State but she moved out from our matrimonial home on September 2, same year (2016) because of the following reasons:

    {1} I was teaching in a private secondary school earning #3200 monthly then.

    {2} I have started my Ph.D programme in University of Ibadan.

    {3} we were living in a room and parlour.

    {4} I shouted on her when she invited her ex-man to our Area and I caught them together having a romance in her ex-man car. She even introduced me to her ex-man as a man with high certificate but no job and said he should look job for me because I was able to secure job.

    We lived as husband and wife between 11/02/2016 and 02/09/2016. Which means our living together as a couple is for 197 days (6 months and 17 days) before she separated from me. She packed out all her belongings (luggage) from my house except our marriage certificate and her wedding rings i and my family asked for reconciliation but all our efforts are abortive.

    Our marriage is going to 3 years but we lived together as husband and wife for 6 months and 17 days. Since the separation no sexual intercourse between us. I later confirmed she has done introduction with one man. I must confess I don’t love her anymore. I want divorce. Please how can I start the divorce proceeding and end this marriage within 6 months. Is it possible.

    Thank you. Looking forward to hear from you.

    With kind regards.

  6. Your site is of a good help to me,pls my husband is a chronic drunkard,a disgrace to my home we have two daughters the first is 4&the second is 2,I ve told his family but all to no avail,he drinks in a broad daylight,and people mock me about it,pls guide me what do I do,I need a divorce.what can it cost, I’m almost the bread winner of the home,thanks

  7. Mohammed momoh rabiu says:

    My wife request for divorce letter from court what will I do because the marriage was an Islamic marriage

  8. Anonymous says:

    Hi. My marriage is almost two years but there’s absolutely no more love, constant arguments, we don’t agree on anything and there is no passion to make it work.
    Is this a good ground to file for a divorce because I don’t want to live the rest of my life like this.
    Thanks in anticipation of your kind response.

  9. Tolulope I says:

    I and my husband had been married legally for 5yrs plus and unfortunately without kids. He travelled to US and is requesting that i divorce him so he can marry someone else for Green Card, but i refused. His family all wanted me to divorce him but i still refused. Now i am hearing rumors that he had gone ahead with the divorce behind me, i still have the original marriage certificate with me. Is there anything i can do as i do not want to divorce him. Can i also verify if any divorce had been done. I need to know.

  10. Promise says:

    I and my husband married 4years ago, after the marriage he left to South Africa his base with the agreement of visiting annually but he never did due to no permit from the country, after 2years I joined him but find out he has been cheating on me and I was already pregnant. Is it possible for me to go to Nigeria with my 5months baby to get a divorce with him and what happens to the properties acquired before the marriage?

  11. Patience Airaoje says:

    I married my ex husband in 2006 , we had arguments and even I had to cdll the police he later moved out in 2008
    Then from 2010 I found out his been seeing another woman and even she had a child for him
    I been waiting and praying he would come back
    So now it being 2019 I want to start divorce proceedings. We got married in Nigeria.
    Do I do the divorce there in Nigeria . Or London.

  12. JP Aminu says:

    Please can I file for divorce on the ground of ;
    1.No more love
    2.Consistent insult on me and my parents by my wife.
    3.Lack of submission .
    And what happens to propertits acquired before the marriage? It was a court wedding .
    Thank you

  13. Tinuke says:

    Please I need to know more on divorce , and the cost implication because am not bouyant. I got married to my husband about 6 years now,but he had kids from a woman he claimed he didn’t marry. But it’s like is it not the truth, because I have seen pictures of them together after he married me. I don’t have a child yet,because I missicaried my pregnancies. Lately we have not been communicating,he reluctantly have sex with me,if I don’t make the move nothing will happen,we can stay 3,4,5, weeks without having sex. He had told me severally if I want to leave I should leave. I have been planning to move out between now and January 2019 ending.please can I file for divorce based on what he said that if I want to leave I can leave. Please I need help before I become depressed.

    • Precious says:

      I have been separated from my abusive ex husband for 3years and 5 months now. We have a son together who is in my custody. My ex has never been around since we got married cos he is based abroad.
      The bride price he paid has been returned and i want to start the divorce process. Please how do I go about it since i am based in Nigeria and he is abroad enjoying with different women and threatens to sue me if i remarry without dissolving the marriage legally.

      • Admin says:

        Sorry about your situation. You need to ignore his threat and concentrate on doing what is right for yourself. Above all, we would contact you via email for further consultation. You can also contact us through our hotline: 08099223322

  14. Benita says:

    Hi,
    By April 2019 my marriage will be 2 years old.
    The money my husband was expecting for our wedding did not materialized and since he has already fixed date and printed cards for the wedding he decided to collect bank loan for the wedding which I was not in support of but he said that the only option so he went ahead and wedding was done after which a month we were not living together as we were working in different state. It was early this year I took transfer to join him in the same state and we started living together.
    I put to birth out first child 5months ago which he travelled when I put to birth when he returned he started misbehaving till I found out that he has committed adultery by infected me with STD and when I confronted him he accepted but show no remorse that it’s that the worst offence on earth that did he kill someone that I am angry. It was claiming it’s a normal thing and there is nothing wrong with that and I shouldn’t react , which got me angry it was my mum that came for omogo that settled us.
    Meanwhile since he took the loan for the wedding his left over monthly salary is small so I understood and started taking the responsibilities of the home e.g feeding, clothing, bills etc . I realized while am doing all the responsibility the little he has, he gives to a prophet living in another state that he said before he married me, he partnership with the prophet , that the pastor told him he will pray for him to get a better job and in return he will be sending money every month for life and he agreed. While i am taking the burden of handling the responsibility at home including feeding him etc the left over money he send it to this prophet, I kept complaining but he refused things became hard for me with addition of our baby buying of diaper, formula etc and yet he was still sending to the prophet and it resulted to serious quarel between us and he don’t listen to my mum advice rather became disrespectful to her, I have to get the prophet phone number from his phone and gave him a call. I explained everything to him that we could hardly feed that things are hard for us and have been the one taking responsibility and my marriage is about to end bcos I asked my husband to stop being indepted to him for ever by paying him monthly in returns for prayer that the money he is sending to him can go a long way to assist but the prophet refused that it is a spiritual covenant rather he was asking of my name repeatedly and I told me is m Mrs my husband name but he kept insisting of my own name and I refuse to tell him and ended the call. So that month I refused to buy food stuff in the house and gave him a list for shopping then he got angry , it was serious that out of annoyance I asked him to return the phone the 102,000 naira I borrowed him aside other money he has received from me and he didn’t respond to me, the next day he was on phone with the prophet and he asked him for my name and he told which got me angry and when he ended the call I asked him to hand over the phone to me because I bought it for him which he did and said for that the marriage is over.
    Pls admin, how do I go through the divorce process and who is to take custody of my 5month old baby and am I going to benefit from I and my baby welfare from him.
    Thank you

  15. Debra Ajayi says:

    I am a US citizen but I got married in Lagos Nigeria do I have to come back there to divorce or can I do everything from the states

  16. My brothers wife left him since 24th of june 2018, no calls no text ,he has tried to reach her gone to her place of work but all to no avail, she is with d marriage certificate ,he has sent out so many text begging her to come back home nd he got no reply bring back the certificate if u want a divorce no way , 31st of nxt year will make there marriage 2yrs he is tired she went as far as insulting my mum, no child yet .my brother wants to move on he is dating another girl presently .on his behalf i want to knw if he an go ahead to pay d other girls brideprice ,nd if he files for a divorce will he pay any alimony to her ?

    • Admin says:

      The payment of alimony depends on the circumstances of the marriage and it is at the discretion of the Court. Your brother cannot marry another woman until he has lawfully dissolved the current one.

  17. Suliyay says:

    Can I marry a guy who just divorce his wife?

  18. Isaac says:

    Please I have been married for 10 years and seperated now for 2 years, no kids involved in our marriage, am I going to pay alimony or bear any cost like paying a sum of money to my wife or giving allowance monthly after divorce even though we don’t have any property we bought together?

  19. Ola says:

    Running for my dear life was the most logical thing to do after I broke free of an ijebu woman in 2014. Wedding was at ikoyi registry in 2011. We had 2 daughters.

    I’m not a lawyer but I don’t think voodoo or charms can’t be proven in court same for enchantment but what I went thru only me, except any one who have had similar experience, will know. The bad dreams..the attacks..the verbal abuses and all that I later experience for another 4 long years when I ran, can’t be proven in a court…neither do I have the energy nor the fund.

    Today I’m still living hand-to-mouth, food and small cash from friends as I try to overcome what is left of my depressing life…I won’t commit suicide but I want to free myself of what is left (marriage certificate).

    Pls advice

  20. Abimbola says:

    I have been married for 12 years. Since the day of wedding till now, I had no peace. My wife is so disrespectful and aggressive to all members of my family and myself. She decides whenever she want to sleep in the house with my 3 kids or not without my consent under the excuse of going to her parents house. She has been denying me sex for over six months now. I can’t tolerate it anymore. Can I file for divorce?

  21. Stephen says:

    My wife left me with the kids and told me she’ll never return saying she can’t live in the place I relocated to (Kwara State).
    It’s been about four years. Can I file for divorce on the grounds of separation without my permission? Is it possible to get divorce without necessarily appearing in court?

    • Admin says:

      You can file for a divorce based on the above-stated reasons. However, it is impossible to get a divorce without appearing in court at all. You must appear in court minimum of one time to prove your case.
      Thank you

  22. Lola says:

    Before marriage, I had sex with my husband and it was painful. I wasn’t a virgin so I thought after childbirth, my v would be wider n deeper to accept his… All through my six years of marriage even after 2 kids, sex is as painful as hell. I tried different styles, but d pain was d same, if he is gentle on me, in d heat of the moment, his penetration becomes intensely painful. It was about 2 months ago I had d opportunity to measure his erectn n I realized his… Was too large for me n I would have to suffer the pain for d rest of my lyf because he can’t cut off part of his… Pls can I opt for a divorce on that ground?

  23. Dominic Aligwekwe says:

    Who have the custody of the children after a divorce. I have four boys ages:7, 6,5 and 2 years respectively.

  24. Ode Eunice says:

    We have been apart for four years,is it possible to get a divorce if we both know we can live together anymore?

  25. emmanuel o says:

    I just got married about a year now. Pls I need someone to talk to about divorce.

  26. Jade says:

    Who will bear the cost of divorce bill in court.

  27. Kayode says:

    Hi, if a judge give decree nissi, is the marriage over or one is still married till the absolute?

  28. Biola says:

    Hello, please how long does it take the respondent to answer to a petition , because in the copy I received from my lawyer it says 21 days but when I called him ,he is saying something else like 41days.am kind of confused here.

  29. Ade says:

    Good day, pls can I get a divorce on d basis of my wife maltreatn our baby and at d same time get d custody of d child. I really want to call time on d marriage BT lettn go of d child is givin me serious headache.

  30. anon. says:

    good morning i am a young lawyer with his first client on matrimonial matter, i do not know if i can get across to your lawyer in abuja, for a little pupil-age even if it means sharing my professional fees..
    thank you

  31. Thomas says:

    Hi
    Please I how can couple get divorce without appearing in court. Well, I’m a Nigerian and my wife is a foreigner and we actually got married at Ikoyi registry now we both agreed to get divorce. How can we do that without coming to Nigeria?

  32. Anonymous says:

    In the course of divorce
    Please what happens to the things you acquired on your own but during the marriage?
    Will you be able to keep it or do you have to share it. For example money

    • Admin says:

      Please call us on 08099223322 for a detailed consultation. We are unable to offer you any opinion right now because your question appears to be hypothetic.

  33. Olatunji says:

    Do you have an office in Abuja

  34. Bukola says:

    Good evening, please is the process for filing a divorce, i think i need to leave my husband. Am tired of the way he treat me.

  35. SteveLet says:

    Hello. And Bye.

  36. Perol Juwelries says:

    What do i need to do to get divorce with my husband without having child for him yet…but always beat me to the extent of having miscarriage. He lives in Europe but ma here living in Nigeria.

  37. Kazeem olayemi says:

    Divorce based on irreconcilable differences, how easy can it be in Nigeria court? How long can this take? I

  38. AKPEGHUGHU says:

    hi , how can i confirm my divorce online

  39. Adebisi oyedele says:

    My wife is planning to travel out of Nigeria without my consent then i seize her international passport but i learnt she want to go and do another passport.now i want to file for divorce in order not to use my surname in the passport office.

    • Admin says:

      Hello,
      You do not have the right to seize your wife’s passport because it is her personal property. In the same vein, you do not have the right to stop her from using your surname, because your wife has a legal right to bear any name she wishes. However, you have a right to institute a divorce against her, but even after the divorce, you do not have a right to stop her from bearing any name she desires, including your name

  40. Maleek OTTUN says:

    what if the divorce is of mutual consent? will a petition still be relevant to this course?

    • Admin says:

      In fact, the divorce on mutual consent is not permitted under the Nigeria law. If you people can mutually agree to a divorce, you could as well mutually agree to co-habit.
      Thank you

  41. tosin says:

    Please how can I file for a divorce, I and my husband had our court marriage in Ghana but am a Nigerian by birth and I base in Nigeria.

  42. Tosin says:

    can divorce be granted without both parties appear in the court?

  43. […] to divorce a Nigerian man by a deserted wife is not different from the procedure for an ordinary divorce process in Nigeria. However, the Act has given an opportunity for any deserted wife whose husband must have abruptly […]

  44. Creed says:

    Please I would like to ask can a marriage done at the registry be done on community out of properties?

  45. Anonymous says:

    HI, is it possible to be officially separated while still living together under the same roof? this is because of money and child care, but living in separate bedrooms.

  46. Anonymous says:

    Hello, please are you aware of a way the court can issue a divorce certificate without the whole court proceedings? Or could a lawyer be trying to rip one off? How do one verify the authenticity of a divorce certificate?

    • Admin says:

      That is simply not possible. The entire proceedings must be concluded before issuance of a judgment and follow by the issuance of any decree absolute or certificate

      • Alex Moze says:

        My sister got married to a young man and they both struggled through hard times together. He barely found a good paying job last year. They also barely moved into their newly built apartment. Now behaves arrogantly to my sister. He has been cheating on her like nothing and now that she has complained bitterly, he is threatening to initiate a divorce process against her this coming week. They have 3 kids together and plus, she is 4 months pregnant for him. please advice, my sister is already going through uncontrtable trauma.

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