Marriage is meant to be for a lifetime. “Till death do us part”, you said while saying your vows. But things didn’t go the way you expected and now you want a dissolve the marriage. This article will guide you in the steps you have to take.
The divorce process in Nigeria requires energy and time. So, you have to be ready and sure that you want to go through the process. Also, you need to know what to do and how to go about it. The following steps will answer your questions on how to process a divorce in Nigeria.
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. A customary marriage is also the traditional marriage where the marriage contract is done under the laws and tradition of the bride’s family. A statutory marriage is a marriage carried out and registered at a marriage registry. It can also be done in some churches in the presence of an ordained minister.
The second step is choosing a court
The choice of a court to appeal is determined by the type of marriage you have. Divorce petition for statutory marriages is filed at the High Court, while divorce in a customary marriage is done in a customary court.
READ ALSO: “If my wife divorces me, her children will not inherit my property dead or alive, ” man tells court.
The third step is choosing of a divorce lawyer
Once again, the type of marriage you have will determine the type of lawyer you will hire. This is the most crucial aspect of any legal procedure for divorce. The lawyer’s first assignment is to help you with all the issues you have to deal with in the procedure and to advise you. Before you choose anyone to represent you, it is advisable to consider the following:
– The experience of the lawyer in your type of marriage.
– If the level of his knowledge of the laws (especially marriage laws) meets your requirements.
– If he is more interested in listening to you and helping you first rather than just fulfilling his own needs.
The fourth step is understanding the basis upon which you want to file your divorce
According to “The Matrimonial Causes Act Chapter 220, Section 15 and 16 of the Laws of the Federation of Nigeria of 1990”, a petition for dissolving a marriage can be filed by either party. According to this act, there are eight reasons upon which you can file for divorce in Nigeria:
1. The other party has intentionally refused to give you sexual right in the marriage. I.e. no consummation of the marriage.
2. The accused against whom the petition has been filed has committed betrayal and you cannot tolerate or live with the person again.
3. There has been persistent unreasonable behavior (e.g. violence, assault, drug use or excessive alcohol use, acts that put the other party consistently harm’s way) since the marriage and you cannot continue in the marriage again.
4. If your partner has abandoned you for at least a period of one year prior to the time of the submission of divorce request. It is also called Abandonment.
5. The two of you have been separated for at least a period of two years prior to the date of the filing of divorce without objection from the other party.
6. The two of you have lived separately for a continuous period of at least three years before the date of the submission of the request for divorce.
7. Failure to comply with a proclamation or order made by a court on resolving previous marital issues or rights.
8. If the other party cannot be found and is presumed dead with substantial reasons to believe so.
If the court is satisfied that you have met one or more of these reasons and that the marriage is beyond reconciliation, then the divorce petition will be considered.
The fifth step is to file your divorce petition
After you have completed the above steps with the help of your lawyer, you can file for divorce in the right court. After filing for divorce, the court will serve your partner papers and ask him/her to respond. Now the divorce proceedings can begin.
Before a divorce certificate in Nigeria is issued, the settlement is one of the first things the court will also have to rule on. If the marriage produced a child (children), the child’s custody and care are also one of the issues the Court will need to settle.
How long does a divorce process take in Nigeria?
Divorce proceedings can last for more than a year. The timing depends on the level of cooperation of both parties. Also, such conditions as children custody and asset settlements can influence the duration of the divorce process.
Make sure you have all the necessary documents and make copies of them. Before you file for divorce, we recommend you to think carefully about your decision.
READ ALSO: DG of Bureau of Public Service Reforms shares marriage tips (photos).
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