Divorce within first 2 years of marriage in Nigeria Under the Matrimonial Causes Act in Nigeria, a husband or wife in a marriage can only request for a divorce from the courts after they have been married for at least 2 years.
What are the criteria for divorce in Nigeria?
Under Nigerian law there is only one ground for divorce, which is that the marriage has broken down irretrievably. To establish this, the petitioner must satisfy the court of certain facts or situations (section 15 and 16, Matrimonial Causes Act).
How long does it take to get divorce in Nigeria?
A divorce at customary marriage may be as quick as 3 months in customary, especially where there are no contentions. But the divorce of statutory marriage in High Court may never be less than 6 months even without any contention. In fact, a highly contentious divorce case could take more than 2 years to be concluded.
How much does it cost to file divorce in Nigeria?
As it stands, based on general reports from various legal sources across the country, the overall cost of filing divorce case ranges between N250,000 to N600,000 depending on the court, lawyers’ charges and occasionally, the reason for the divorce.
How do I divorce my wife in Nigeria?
Under Nigerian law, a marriage can only be ended in 2 ways – by the death of one of the partners, or by an order of the court. The divorce process is the process to follow in order to get a court order to dissolve a marriage.
Can I get a divorce without going to court?
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
On what grounds can I divorce my husband?
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
- Venereal disease.
- Presumption of death.
What happens if a woman filed for divorce?
It depends on the husband’s salary. In general, the wife gets one-third of his salary; but it can change. The alimony is the full and final settlement; it is a lump sum amount. Maintenance can be interim maintenance, which is the amount given to the wife during the course of the case.
How can I get a quick divorce in Nigeria?
How to get a divorce in Nigeria – filing for divorce
- Consult a Lawyer. The first thing to do after deciding to get a divorce is to consult and brief a divorce lawyer about the divorce. …
- Ground for divorce. …
- The Two-year rule. …
- Divorce Process. …
- Filing a Petition. …
- Hearing of The Petition. …
- Judgment, Decree and Divorce Certificate.
Can a wife claim her husband property in divorce?
As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. 2. … Whether it’s before or after divorce, your wife cannot claim right over your self acquired property during your lifetime.
Are you automatically divorced after 2 years?
Divorce After Two Years Separation
There is no such thing as an “automatic” divorce. You can apply for divorce on a number of grounds, two of those are based on separation of two years or more.
Can I remarry without getting a divorce in Nigeria?
In accordance with the provisions of the Matrimonial Causes Act, a person who has been divorced in Nigeria can only remarry 90 days after the decree nisi has been issued. It implies that a divorced person is only entitled to marry after the decree nisi has become absolute.
Who takes custody of a child after divorce in Nigeria?
The custody of children after divorce may be joint or to one party with a visitation right to the other. It’s not awarded on the basis of who is guilty of the matrimonial offence.
On what basis divorce can be taken?
1) Continuous absence of seven years. 2) Non-consummation of marriage within one year. 3) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
How long does it take to get a divorce letter?
Once the petition has been sent to the court it will be given a case number and copies will be sent to the other party. This is known as issuing. Generally speaking it takes two to three weeks for the court to issue the divorce papers and send them out.
How long does it take for a divorced man to remarry?
Men generally remarry faster than women do after a divorce. Caucasians are more likely to remarry faster than any other racial demographic in both genders. The median amount of time that it takes someone to get married after a divorce is 3.7 years, which has been fairly stable since 1950.