Divorce in Nigeria: grounds, process and what happens to property
How statutory marriages are dissolved under the Matrimonial Causes Act — the ground for divorce, the steps, children and property.
Ending a marriage is personal and often painful. Understanding the legal framework helps you make calm, informed decisions. This article focuses on statutory (registry or licensed church) marriages, which are dissolved under the Matrimonial Causes Act 1970. Customary and Islamic marriages are generally dissolved under the applicable customary or Islamic law, before the appropriate courts.
The ground for divorce
There is one ground: that the marriage has broken down irretrievably. The court must be satisfied of one or more facts set out in section 15(2) of the Act, including:
- wilful refusal to consummate the marriage;
- adultery, where the petitioner finds it intolerable to live with the respondent;
- behaviour the petitioner cannot reasonably be expected to live with;
- desertion for at least one year;
- living apart for at least two years, where the respondent does not object;
- living apart for at least three years; or
- failure to comply with a decree of restitution of conjugal rights for at least one year.
A petition within the first two years of marriage generally needs the court’s leave, which is granted only in exceptional circumstances.
The process
- A petition is filed at the High Court with the supporting documents.
- The other spouse is served and may respond or cross-petition.
- If the court is satisfied, it grants a decree nisi, which becomes absolute after a set period (ordinarily three months) unless the court orders otherwise.
Children
In decisions about custody, access and maintenance, the welfare and best interests of the child are the paramount consideration. Parents are encouraged to agree arrangements where they can; the court will scrutinise them.
Property and maintenance
The court can make orders for maintenance and for settlement of property as it considers just and equitable, taking into account the parties’ means, earning capacity, conduct and contributions. Where businesses, multiple properties or overseas assets are involved, early valuation and disclosure are essential.
Practical steps
- Gather marriage certificate, children’s documents and a list of assets and liabilities.
- Prioritise the children’s stability and communicate carefully.
- Consider mediation — settlement is often faster, cheaper and less painful.
Every situation is different — for advice on yours, speak with our team in confidence.