Faithfulness is essential to a happy life in marriage. How To File For A Divorce in Nigeria Legally (2021), Top 10 African Countries With The Best Educational System (2021), Legal Grounds For Divorce in Nigeria (2021), Reasons/Grounds for Filing for A Divorce Petition in Nigeria According to the Law, 2. How to Start Divorce Proceedings in Nigeria. Woods are of different categories. 4 Shares. Dissolution of marriage is a formal, legal ending of a marriage or marital union by a Court of law. Guide For Transfer Of Land Ownership And Land Documents In Nigeria. Could I have your what’s app? Introduction This edition of Akintunde Esan's legal illumination is focusing on how to initiate or commence a divorce process in Nigeria and the the only eight (8) legal grounds upon which a divorce is legally required to be filed in Court in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the filing for Divorce in Nigeria. Only parties that fall under statutory marriage are eligible to file for divorce in court. By Nwogbo Chibuike Emmanuel, The truth is, all marriages cannot work. Upon receipt of the petition, the court … However, for one reason or the other, things might not work out as planned and you have a change of heart. Section 54(1) MCA provides that every matrimonial cause or divorce process in Nigeria shall be commenced by a Petition. If you and your spouse have lived in different households without interruption for at least two years before filing for divorce, you will not need a reconsideration period. Either of the spouses can write and file a petition to start the divorce proceedings. However, the period must be about one year prior to the filing of the divorce petition. So, a Nigerian who resides outside Nigeria can still return to Nigeria to file for divorce as long as that person has not acquired the citizenship of that other country. It is important to consider every option and seek the counsel of a divorce lawyer when planning to file for divorce. In the … For this reason, it is often referred to as the “Giant of Africa”. Going through the thought of a divorce can be tough and overwhelming. DIVORCE PROCESS Every matrimonial cause or divorce process in Nigeria shall be commenced by Petition – Section 54(1) MCA. Resolution Law Firm. Steps To Start Wood Processing In Nigeria Step one: get the knowledge. This is not to say you cannot be an ambitious person, it just means that there is a dear need to synchronize your goals and align them so that you face a common goal that benefits you all round. Getting a divorce is different in Scotland and Northern Ireland . They include; Adultery, living apart for a long period of time (separation), habitual drunkenness or substance addict, criminal acts e.t.c. Choosing a lawyer is a very personal experience. However, some marriages done in churches such as the Catholic Church is considered statutory.eval(ez_write_tag([[300,250],'lewisraylaw_com-leader-1','ezslot_11',114,'0','0'])); Customary marriage is a type of marriage that’s contracted under traditional laws and customs. Researchers claim that the number of divorces is growing in Nigeria. Divorce should however be the last resort. Re: Nigeria Law For Divorce by pmdaboh(f): 4:55am On May 29, 2007; Hello. The divorce petition is to be filed by the partner seeking for the dissolution of the marriage otherwise known as the petitioner. Your email address will not be published. When a child or children are involved, the court through the presiding judge of the divorce case usually ensures that both parties exhaust all forms of dialogue and reconciliation to save the marriage. The party commencing the Petition is … The content of the Divorce Petition shall include followings: 1) Petition or suit number. This comprehensive guide on how to file and process a divorce in Nigeria will enlighten you about the whole process. Divorce is a hectic process which is why most couples avoid it. The Procedure for Divorce in Nigeria The following is are the steps taken in order to obtain a divorce (adsbygoogle = window.adsbygoogle || []).push({}); Step One A petition is filed at a court by either of the two parties involved. The following steps will answer your questions on how to process a divorce in Nigeria. Divorce Process in Nigeria: Filing a Divorce Petition in Nigeria The divorce petition is to be filed by the partner seeking for the dissolution of the marriage otherwise known as the petitioner. In a situation where this is ineffective, the court will grant the petitioner the right to divorce the respondent. In Nigeria, there are different disputes resolutions and mediation mechanisms that can intervene in matrimonial matters. There are several judicial decisions that are instrumental to the totality of laws guiding the divorce process in Nigeria. The cost of getting a divorce in Nigeria is not fixed since most divorce cases in Nigeria are often contentious. Then the issue of divorce sets in. Here are steps to legally file for a divorce in Nigeria today: This is the first step according to law in Nigeria. Divorce is a global issue, hence has a different process and laws guiding them which varies from country to … In most cases, there will be a sharing of properties owned by both couples. A divorce at customary marriage may be as quick as 3 months in customary, especially where there are no contentions. Nigeria's rate of child marriage is among the highest in the world. Others 23 Comments. 2) Parties and status. Cost of IELTS in Nigeria 2021 Chief Editor 0. While some people have great marriages, some do not and that is the harsh truth. One question every divorce petitioner often seek to know is: how long does a divorce process take in Nigeria? That either party of the married couple has been presumed dead after being missing for a long time. Unless you have reason to suspect your hubby of fraud, divorce means divorce. It is not a straightforward process as the court, upon receiving the petition, will ascertain if the petitioner meets the necessary requirements to file a divorce petition. At the end of a divorce process, the marital bonds between the couples are completely dissolved and both parties go on and live their separate lives without any duty and obligation to the other. The divorce process is the process to follow in order to get a court order to dissolve a marriage. In Nigeria, the law has made provision for the possibility of divorce between couples who seek to have one. A customary marriage is also the traditional marriage where the marriage contract is done under the laws and tradition of the bride’s family. Report of Joint British-Danish Fact-Finding Mission to Lagos and Abuja, Nigeria: 9-27 September 2007 and 5-12 January 2008. Hence, it is best to get enough information on the process before filing for the divorce. Where in Nigeria the Interview Will Be Held. If the respondent has abandoned the petitioner for a continuous period of time of at least one year prior to the filing of the petition. Note: A divorce petition should be filed by the party in the marriage who wants the marriage dissolved. Some lawyers do not take divorce matters on principle. These are not only laws bothering on divorce in Nigeria. It is important to seek the counsel of a divorce lawyer when planning to get a divorce. The cost of divorce greatly depends on how severe the case is and also legal cost. Divorce Process is an issue for persons considering divorce in Nigeria. The major laws guiding the divorce process in Nigeria are Matrimonial Causes Act (MCA) LFN 1990 and Matrimonial Causes Rules. How to Process/ Get/ File for Divorce in Nigeria. It is even worse when there are children involved as who takes custody of the children will be taken into account during the process. This is another top cause of divorce in Nigeria. This could be quite difficult to prove, however, the court requires you prove that no consummation has taken place before the hearing of the petition commenced, If the respondent has engaged in an extramarital affair (adultery), If the petitioner finds the conduct of the respondent unreasonable making it difficult for the petitioner to live peacefully with the respondent (such unreasonable conduct could include, rape, drunkenness, in prison, attempted murder, and domestic abuse). This should be done when both parties (petitioner and respondent) have gotten to a point where they can no longer afford to live as lawfully wedded husband and wife under the same roof. There are two types of divorces, contested and uncontested divorce. Section 54 (1) MCA provides that every matrimonial cause or divorce process in Nigeria shall be commenced by a Petition. Since its the lawyers of both parties that are defending their clients interest, the amount needed during the divorce process might differ. So, a Nigerian who resides outside Nigeria can still return to Nigeria to file for divorce as long as that person has not acquired the citizenship of that other country. By. SHARES. As it turns out, the chances of your first marriage being your last are getting lower and you have to be ready when the time comes to make the difficult decision. However, on divorce, the court has the power to order the settlement of property for the benefit of the other party or children of the marriage. How to Process/ Get/ File for Divorce in Nigeria. DIVORCE!!!!! In Nigeria, the legal grounds for filling for a divorce in most marriages is what most couples don’t know especially when such couple(s) intend to get a divorce processed when things don’t work out between the two parties that are legally married. Required fields are marked *. A detailed guide of the process. Important Facts About Marriage and Divorce in Nigeria. Current Price of Startimes Decoder in Nigeria 2021 Chief Editor 1. In Nigeria, the cost of processing divorce cases is estimated between ₦500,000 to ₦1,000,000. Chizoba is a seasoned Information blogger, content developer and the founder of Nigerian Infopedia. It is not uncommon for a husband and wife to live in separate homes and to be extremely independent of one another. Thus, I won’t be giving any counsel on whether you should, or should not end your marriage. This will only be considered as a ground for divorce if the respondent does not object to petitioner’s decision of filing for divorce. Do not rush into marriage so that you will not rush out of it. Required fields are marked * Comment. (Colloquially referred to as Court Marriage or Statutory Marriage) marriage under the Act means monogamous marriage – that is a marriage between one man and one woman, excluding all other […] This is because the process can be stressful, thus affect your finances, living arrangements, household jobs and more. The following requirements are the only grounds on which a petitioner can file for divorce. A statutory marriage is contracted in a customary court. 4 Shares. Re: How To End A Marriage In Nigeria by Theblessed(f): 6:44pm On Aug 16, 2009; aonom: Hello Naira Landers, I was just curious to know exactly how a man and woman who have gone through the two stages of marriage in Nigeria, Traditional and Church. If the respondent is dead or the petitioner has reason to believe that the respondent is dead. But the divorce of statutory marriage in High Court may never be less than 6 months even without any contention. Nigeria is located in West Africa and has the largest population on the continent of Africa. When the court receives the petition, it will verify that one or any of the following reasons for divorce applies to the married party or better still whether the married party fulfilled any of the conditions required by law after filing the petition for divorce. US Visa Application Fee in Nigeria Today 2021 Chief Editor 7. Notify me of follow-up comments by email. Nigeria: Divorce law and practices among Christians, including grounds, procedures, length of process, property dispositions, child custody and consequences for the woman and her family [NGA104209.E] Research Directorate, Immigration and Refugee Board of Canada, Ottawa. . There is no guarantee that the document authentication process would be completed at the recommended date, so you need to be patient and possibly endure repeated visits to the Ministry of Foreign Affairs to ascertain the status of the authentication process. DIVORCE LAWS IN NIGERIA. 1) Filing a Petition. Sometimes, the couple would get into a heated court battle for the custody of the children. Divorce in Nigeria You May Also Like. So, you have to be ready and sure that you want to go through the process. you God help you. Divorce is a global issue, hence has a different process and laws guiding them which varies from country to country . There are primarily two major types of marriage in Nigeria. He and my stepson have been approved to come to the … This is what is REQUIRED but of course the process varies by case. It is not a straightforward process as the court, upon receiving the petition, will ascertain if the petitioner meets the necessary requirements to file a divorce petition. 41. If the petitioner is unable to convince the court of one of the requirements listed below, the court will refuse to hear such petition and strike it out. Nigerian Infopedia is Nigeria's authoritative top quality information website that provides resourceful information about her culture, people and things associated with Nigerians. Also, you need to know what to do and how to go about it. If the petitioner is found guilty of any or more of the above situations, the petitioner shall be granted the right to divorce the respondent as deemed fit by the court. Cost of Getting a Divorce in Nigeria. Hence, it is best to get enough information on the process before filing for the divorce. If a person acquires the citizenship of another country, his Nigerian citizenship is put in abeyance – (Ugo vs. Ugo (2008) 5 NWLR Pt. Although, the divorce rate in Nigeria is on the increase, you should note that divorce can hamper the future of your children, it brings emotional and psychological distress to a family. Divorce lawyers specialize in family law so they are able to guide couples seeking divorce on the right steps to take during the process. That either of the married party has committed adultery i.e. Nigerians are very religious people and they do not believe that getting a […] These procedures could take time, money and even disrupt your personal schedule as you might be needed in due processes as the court may require, so, going for a divorce is like taking a taking up a task. That either party has failed to comply with restitution of conjugal rights for at least a year. Marriage is meant to foster a lasting relationship between two intending couples. The petitioner commences or institutes matrimonial proceedings by a PETITION. The divorce is clearly not an extremely pleasant subject to discuss, considering its effect. 1079, P. 1). 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These are not only laws bothering on divorce in Nigeria. It is a tad difficult to estimate the exact cost of divorce in Nigeria as it extensively vary from one case to the other. That both parties have been living apart for a period of two or three years from the day the petition was filed and do not object the dissolution of the marriage. This is because of the highly respected norms and traditions of the people which forbid the practices of divorcing a married couple. According to Section 54 (1) Matrimonial Causes Act, every divorce process in Nigeriastarts with a petition. This should include legal fees, lawyers/attorneys’ charges and other legal factors as regards the separation (divorce). Although people say it is breaking free from a partner but it is far from that. The law is clear on the grounds for divorce in Nigeria, the first and most important thing is that the marriage must be at least 2 years old, if it is not, and you would like to get a divorce, you will have to go through another route called ‘ annulment’ (annulment will be dealt with in a separate article). In marriage, the man and woman are supposed to be faithful to each other. The first step of divorce process in Nigeria is determining the type of marriage you have . This is because the process can be stressful, thus affect your finances, living arrangements, household jobs and more. Divorce in Nigeria In Nigeria, getting a divorce is seen as a taboo and most people find it exceedingly uncommon. Feb 16, 2019 - This happens early when the goals are so many and all over the place. Grounds for divorce Unfortunately, he can produce a Nigerian divorce decree which you may be unable to verify. US Visa Application Fee in Nigeria Today 2021 Chief Editor 7. Re: Nigeria Law For Divorce by africarose ( f ): 2:09am On May 29 , 2007 However, for one reason or the other, things might not work out as planned and you have a change of heart. Divorce can only be done by a court and the couple is required to present a lawyer during the process of the divorce petition. Published on 23rd June 2015. Divorce in Nigeria You May Also Like. Overview. Others believe it is their duty to reconcile a couple on verge of divorce and insist on mediation. Hardwood is normally heavier and denser while softwood is lighter. The divorce process for U.S. military spouses can be a bit trickier than civilian matters, as the U.S. military has its own codes and processes that govern divorce-related matters. Although the U.S. currently has two consulates in Nigeria, located in Abuja and Lagos, all immigrant visa decisions are made at the consulate in Lagos. A. Danish Immigration Service. The petitioner might also be asked to provide further proof that his/her partner otherwise known as the respondent has committed the offences or behaved in an unreasonable manner as stated by the petitioner. The following are grounds that the law permits either partner in a lawful wedded marriage to file a petition for divorce: In most ethnic groups, either the man or the woman can end the marriage. It is trite that for a marriage to undergo divorce proceedings in Court, such marriage must be a statutory marriage legally conducted and evidenced by a … The sole ground for divorce in Cameroon is that the marriage has broken down irretrievably. are no fixed costs of getting a divorce in Nigeria. Under the causes of Matrimony act in Nigeria (the law governing the divorce process in the country) there are certain stated grounds which can be used to dissolve a marriage. The divorce laws and the process of divorce in Nigeria are topical issues for any person contemplating a divorce in Nigeria. It is not a straightforward process as the court, upon receiving the petition, will ascertain if the petitioner meets the necessary requirements to file a divorce petition. Statutory marriage is a type of marriage that’s contracted in a customary court and is considered legal by law. BAOBAB Legal Literacy Leaflet No. The type of marriage both parties fall under should also be considered before filing for divorce. The capital of Nigeria is Abuja and the largest city is Lagos. Divorce Process in Nigeria: Filing a Divorce Petition in Nigeria. Divorce involves the cancelling and/or reorganizing of the legal duties and responsibilities of marriage. That either of the married party has been abandoned for up to one year from the day the petition was filed. [Accessed 5 Oct. 2012] Denmark. Then the issue of divorce sets in. There is another important caveat in Nigerian divorce courts – the spouses ought to have lived together for a minimum of two years. In other cases, if both parties have been living apart for a continuous period of 3 years prior to the filing of the divorce petition. If not, your divorce process will lapse. The uncontested divorce is the best and most cost effective for all parties concerned. Look for a lawyer with experience in those courts. DIVORCE LAWS IN NIGERIA. He will also be the one to stand for you in court during the divorce hearing and will defend you in a situation where your partner decides to take full custody of the children or your properties. The first step of divorce process in Nigeria is determining the type of marriage you have There are two types of marriage in Nigeria: customary and statutory marriage. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. How To Go About Getting A Divorce In Nigeria; Cost And Process Involved In Filing For Divorce For Marriage Dissolution. Marriage is meant to foster a lasting relationship between two intending couples. There are grounds for divorce provided in the Matrimonial Causes Act, a book which contains the laws on marriage in Nigeria.. Leave a Reply Cancel reply. October 2008. Divorce in Nigeria depends on the type of marriage conducted. Divorce Process is an issue for persons considering divorce in Nigeria. There is a laid down procedure to be followed before divorce can be granted by the court. This is another area you should make known to your lawyer. DIVORCE LAWS IN NIGERIA. The lawyer will educate you on the implications and requirements. Leave a Reply Cancel reply. That either party has willfully and persistently denied sex to one another to consummate the marriage. Cost of IELTS in Nigeria 2021 Chief Editor 0. Connect Nigeria. Marriage is more of a social contract made to ensure the continuation of family lines rather than a union based on love and emotional connections. However, the nation still strongly believes that a marriage is a sacred alliance of two souls that’s blessed by the Lord, whatever the religion is. A divorce in a customary marriage is initiated in a customary court or area court. Divorce should however be the last resort especially when your partner is guilty of one or more of the following reasons that I shall list below. A divorce lawyer is an attorney that deals with issues relating to divorce, spouse support, child custody and visitation, and child support. The law requires the filing of a petition of dissolution of the marriage by a party in the marriage which should be presented to the court. The divorce petition is to be filed by the partner seeking for the dissolution of the marriage otherwise known as the petitioner. If both parties have been living separately for a period of two years prior to the filing of the divorce petition. Share Tweet Whatsapp Save Marriage is a universal institution which is recognized and respected all over the world. It is a litigation process, which can be won and lost. The court will definitely grant such a request if the spouse is able to prove it beyond the reasonable doubt. The divorce laws and the process of divorce in Nigeria are topical issues for any person contemplating a divorce in Nigeria. Divorce is an ugly situation no couple ever wants to find themselves in. Here are steps to legally file for a divorce in Nigeria today: 1. Family mediation. Your email address will not be published. This post will expose step by step, the reasons/grounds to file for a divorce in Nigeria in the eyes of the law when the issue of divorce arises. Name * Email * Website. Your email address will not be published. Divorce usually entails the canceling 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 or state. (adsbygoogle = window.adsbygoogle || []).push({}); There is a laid down procedure to be followed before divorce can be granted by the court. A divorce summons must be served personally on the defendant by the sheriff of the court. Divorce Process. Barrister Sam Okolie For our purposes here, I will be concentrating on annulment of marriages contracted under the Matrimonial Causes Act Cap M7 L.F.N 2004. Under the causes of Matrimony act in Nigeria (the law governing the divorce process in the country) there are certain stated grounds which can be used to dissolve a marriage. The court in her wisdom upon receiving the petition would have to determine whether the marriage meets the necessary requirements for divorce according to the law by using the legal grounds for divorce mentioned above to verify the issue. Process for establishing vital statistics on deaths Data processing occurs in the central office of National Population Commission in Abuja. How to Commence Divorce Proceedings in Nigeria In Nigeria there are two types of marriage, they are Satutory marriage and Customary marriage you have to determine which marriage yours falls under as there is no such thing as religious marriage regonized under the Nigerian law. 2 categories of woods exist which are softwood and hardwood. 1. There are several judicial decisions that are instrumental to the totality of laws guiding the divorce process in Nigeria. It is otherwise known as divorce. If the woman … Tweet. 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