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Filing for divorce in Nigeria can be a complex emotional and legal journey. Whether you’re seeking dissolution under customary, Islamic, or statutory marriage laws, it is crucial to understand the legal steps, documentation, and implications involved.
This detailed guide outlines the step-by-step divorce process under Nigerian law, particularly for statutory marriages governed by the Matrimonial Causes Act (MCA), and ensures compliance with current procedures as of 2025.
Understanding Divorce Under Nigerian Law
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In Nigeria, the divorce process varies depending on the type of marriage:
- Customary Marriage: Dissolved according to local customs or traditions.
- Islamic Marriage: Governed by Sharia law, handled by area or Sharia courts.
- Statutory Marriage: Conducted under the Marriage Act and dissolved by the High Court under the Matrimonial Causes Act (MCA).
This article focuses on statutory marriages, which require a formal court process.
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Requirements Before Filing for Divorce
Before initiating divorce proceedings under the MCA, the following conditions must be met:
- The couple must be legally married under statutory law.
- At least one party must have lived in Nigeria for at least one year prior to filing.
- The marriage must be at least two years old (unless there’s exceptional hardship or depravity).
- A valid ground for divorce must exist (e.g. adultery, cruelty, desertion).
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👉 Related Article: Grounds for Divorce Under Nigerian Law: What Counts?
Step-by-Step Process to File for Divorce in Nigeria
Step 1: Consult a Divorce Lawyer
Divorce proceedings in Nigeria are court-based and legally technical. It is highly advisable to consult a qualified lawyer who specializes in family or matrimonial law.
A lawyer will:
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- Evaluate your case
- Advise on the most appropriate grounds
- Draft and file your petition in court
- Represent you during proceedings
Step 2: Prepare the Divorce Petition
Your lawyer will prepare a divorce petition (Form 3) addressed to the High Court in the jurisdiction where the parties reside or where the marriage was contracted.
The petition includes:
- Full names and addresses of both spouses
- Date and place of marriage
- Details of children (if any)
- Grounds for seeking divorce
- Facts and evidence supporting the petition
- Reliefs sought (e.g. custody, alimony, maintenance, property division)
Step 3: File the Petition at the High Court
The petition is filed at the State High Court (for marriages registered under the Marriage Act) with jurisdiction over the area.
The following documents are required:
- The marriage certificate (original or certified copy)
- Affidavit verifying the facts (Form 6)
- Notice of proceedings (Form 7)
- Legal fee receipts
- Evidence of service
Filing fees vary between ₦30,000 and ₦100,000 depending on the court and complexity.
Step 4: Service of Court Documents
After filing, the court will serve the divorce papers on the other spouse (called the “respondent”).
The respondent must acknowledge receipt and indicate whether they accept or contest the petition.
Step 5: Filing of Respondent’s Answer (If Any)
If the respondent disagrees with the claims, they may file an Answer—a formal document refuting the petition. This may result in a contested divorce.
If the respondent agrees, the divorce may proceed uncontested.
Step 6: Court Hearing
The court sets a date for hearing. Both parties (and their lawyers) must appear. The court evaluates:
- Grounds and evidence presented
- Children’s welfare and custody arrangements
- Property and financial claims
- Other reliefs sought
The petitioner may be cross-examined, especially in contested divorces.
Step 7: Reconciliation Attempt by Court
The Matrimonial Causes Act mandates that courts should try to reconcile the parties before granting a divorce.
If reconciliation fails, the case proceeds.
Step 8: Judgment and Decree Nisi
If the court is satisfied with the evidence, it issues a Decree Nisi—a conditional order that the marriage will be dissolved after 3 months.
During this period, either party or any interested person may object to the divorce.
Step 9: Decree Absolute (Final Divorce Order)
If no objections are raised, the court issues a Decree Absolute—the final court order legally dissolving the marriage.
The divorce is only complete when this order is granted. Both parties are then free to remarry.
What Happens to Children and Property?
During divorce, the court will make orders on:
Child Custody
- The best interest of the child is the court’s priority.
- Custody may be awarded to either parent.
- Courts often consider the child’s age, welfare, and parental capability.
Property Division
- No automatic 50/50 sharing under Nigerian law.
- The court considers contributions (financial and non-financial), dependents, and fairness.
- Joint properties may be sold or divided equitably.
Maintenance or Alimony
- The court may order one spouse to support the other or provide child maintenance.
- Factors include income level, needs, and length of the marriage.
How Long Does Divorce Take in Nigeria?
Divorce duration depends on whether it is contested or uncontested:
- Uncontested divorce: 3 to 6 months
- Contested divorce: 1 to 2 years (or more)
Delays may occur due to court backlogs, incomplete documents, or non-cooperation by parties.
Jurisdictions and Where to File for Divorce
File your divorce in any State High Court of Nigeria that has jurisdiction based on:
- Where the marriage took place
- Where either spouse resides
- Where the petitioner lives for at least 1 year
Note: Customary marriages must go to customary courts, and Islamic marriages to Sharia courts.
Grounds Not Accepted for Divorce
You cannot file for divorce solely on:
- Lack of money
- Sexual dissatisfaction
- In-law interference (unless it causes cruelty)
- Cheating without evidence
The Matrimonial Causes Act lists only legally acceptable grounds. Emotional and social issues must be tied to legal grounds like cruelty, desertion, etc.
Expert Tips for a Smooth Divorce Process
- Gather documents early: marriage certificate, bank records, proof of adultery or abuse, etc.
- Avoid public outbursts or online accusations—these can damage your case.
- Document everything—calls, threats, texts, etc., for evidence.
- Keep your children’s welfare at the center of every decision.
- Be ready for compromise on custody, property, and visitation.
Can You Represent Yourself in Court?
Yes, it’s legally allowed, but not advisable.
Matrimonial cases involve technical documentation, legal drafting, and oral arguments. A family law lawyer improves your chances of success and speeds up the process.
Final Thoughts: Filing for Divorce the Right Way
Divorce is a life-changing decision, and in Nigeria, it requires careful legal navigation. From choosing the right grounds to securing child custody and property rights, each step must be taken seriously.
By understanding this step-by-step divorce filing process, you protect your rights, safeguard your future, and help ensure a smoother transition for all involved.
TJ News Nigeria recommends speaking to a licensed family law practitioner before initiating any divorce proceedings.
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