Getting a divorce in Nigeria is never easy, it affects the parties emotionally, financially and legally. It also affects the children psychologically. Most people rather die in silence than go for divorce but if your marriage has broken down it is wise you go your separate ways for the sake of your sanity.
Before you can divorce legally in Nigeria, you need to determine what kind of marriage you had. We have 3 types of marriages in Nigeria they are:
- Statutory Marriage – Registered under the Marriage Act (e.g., court wedding, Federal Registry marriage).
- Customary Marriage – Conducted according to traditional/customary rites.
- Islamic Marriage – Done under Islamic law.
This article focuses mainly on statutory marriages, as those require court-based divorce through the High Court under the Matrimonial Causes Act. But if you had a customary or Islamic marriage, divorce is often settled by family elders, local customs, or Customary / Islamic courts, but may still involve legal steps for child custody or property division depending on how the parties wants it.
In a statutory marriage, you are not divorced just because you are separated or moved out of your matrimonial home. You must get a legal divorce order from a High Court, or you will still be considered married under the law which can affect:
- Remarriage (you will be committing bigamy)
- Property rights.
- Child custody
- Legal documents (e.g., next of kin, inheritance)
In this article, I will answer the following questions based on Nigerian Law and practice:
- What are the legal grounds for divorce?
- How do I start the divorce process in Nigeria?
- How long does it take?
- Will I automatically lose custody or property?
Grounds for Divorce in Nigeria
In Nigeria, you cannot file for divorce unless your marriage has lasted for at least 2 years, except in exceptional cases like abuse or abandonment. In such case, the petitioner must seek the leave of court to file the divorce. Under the Matrimonial Causes Act, there is only one legal ground for divorce: That the marriage has broken down irretrievably.
But to prove that, you must show at least one of the following facts:
- Adultery — Your spouse cheated and you find it intolerable to live with them.
- Desertion — Your spouse left you for at least one year without intention to return.
- Unreasonable behaviors — Abuse, violence, neglect, emotional cruelty, addiction, etc.
- Separation for 2+ years (with consent of both parties)
- Separation for 3+ years (no consent needed)
- Failure to fulfill marital obligations (e.g., refusal to consummate marriage)
- Spouse is mentally ill or unconscious for a prolonged time
- Spouse has committed a crime (rape, sodomy, bestiality, etc.)
Note that you don’t need to prove all of the above, just one is enough.
Read: Grounds for Divorce in Nigeria
How do I start the process in Nigeria?
You can start the process of divorce in Nigeria by engaging the services of a lawyer who will take your instructions and prepare the divorce process according to laid down rules and practice. Statutory marriages are dissolved in High Courts and so you cannot appear before her to handle your case. Your lawyer will advise you on the best options available for you either divorce, judicial separation, annulment.
Other process involved are mainly to be done by your lawyer which includes:
- File a Petition at the High Court,
- Service of Court Papers
- Respondent’s Reply
- Hearing and Evidence
- Judgment / Decree Nisi; If the court is satisfied, it will issue a Decree Nisi — a temporary order showing the court intends to dissolve the marriage
- Decree Absolute; After 3 months (if no objections), the court issues a Decree Absolute, which formally ends the marriage.
How Long Does a Divorce Take in Nigeria?
- Uncontested divorce may last between 3–6 months
- Contested divorce: may last for 6–24 months (sometimes longer)
Factors that affect the timeline may include but not limited to court workload and adjournments, whether both parties cooperate, Child custody or property disputes
What Happens to the Children?
The court will decide custody, visitation, and child support based on best interest of the child, age of the child, each parent’s capacity to care and stability of home environment etc.
Note: Custody is not automatically given to the mother or father, each case is decided on its own facts.
Read also: What Courts Consider in Child Custody in Nigeria
What Happens to Property and Finances?
Contrary to popular belief, there is no fixed 50/50 split of property in Nigerian divorce law.
Courts may:
- Divide joint property fairly (based on contributions)
- Order one spouse to support the other or the children (maintenance and alimony)
But this usually requires proof of ownership, income, and needs.
Can You Remarry After Divorce? Yes — but only after the court issues a Decree Absolute. If you remarry before then, it is considered bigamy, which is a criminal offense under Nigerian law.
In conclusion, in considering for divorce in Nigeria, you must go through the High Court to legally divorce in a statutory marriage. You need to prove that the marriage has irretrievably broken down. Parties to divorce cases needs a lawyer to guide them through the process. Divorce may involve custody battles, property disputes, or spousal support. Court timelines vary, especially if the divorce is contested.
Divorce is not just a legal event or battle, it’s a life-changing one. Whether you are confused about your rights, worried about your children, or unsure how to start, speak to a lawyer. The right advice can save you time, stress, and future regret.
For further question(s) or enquiries
Email: info@verazadvocates.com.ng
Call/WhatsApp: +234 8116486356
