Your question: Is divorce legal in Nigeria?

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.

How long does it take to get a 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 can I divorce my Nigerian husband?

“A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably”. This provision of the Act makes irretrievable breakdown the sole ground for divorce.

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How much does it cost to 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.

Is divorce allowed 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).

Can you divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

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.

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.

How properties are shared after divorce in Nigeria?

Under the customary law, both the man and the woman can acquire property either before or during the marriage. … The woman is not barred from holding or acquiring her own property. Also when the man acquires a property, he has sole interest or right over the property.

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Who gets custody of child in divorce in Nigeria?

Legal systems

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.

How do I get a divorce in Nigeria legally?

How to get a divorce in Nigeria – filing for divorce

  1. 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. …
  2. Ground for divorce. …
  3. The Two-year rule. …
  4. Divorce Process. …
  5. Filing a Petition. …
  6. Hearing of The Petition. …
  7. Judgment, Decree and Divorce Certificate.

Who owns a child in Nigeria?

Under the Nigerian customary law, and even at common law, an illegitimate child of a woman exclusively belongs to her and her family. 12.

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.

What makes divorce legal?

In legal terms, the reasons for divorce are called grounds. There are three grounds for divorce: living apart for at least one year, adultery (cheating), and physical or mental cruelty. Spouses don’t have to be legally separated before filing for divorce.

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.

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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.