Grounds for Divorce in Nigeria: What the Law Says
Divorce in Nigeria can be a difficult topic to talk about. Many people still see it as taboo. But the truth is, not all marriages last forever. For one reason or another, some couples reach a point where continuing the relationship is no longer an option.
If you’re thinking about ending your marriage, it’s important to understand your rights and the legal grounds for divorce in Nigeria. At Lawpadi, our goal is to help you make informed decisions by providing simple, clear, and accurate legal guidance.
Is Divorce Legal in Nigeria?
Yes. Under Nigerian law, divorce is legal. However, divorce in Nigeria is governed by the Matrimonial Causes Act, and there are specific conditions that must be met before a court will grant you a divorce.
Can You Get a Divorce in Nigeria at Any Time?
Not always. The general rule is that your marriage must be at least two years old before you can file for divorce. But there are exceptions where the court may allow a divorce within the first two years – for example, in extreme situations such as violence or fraud.
The Only Legal Ground for Divorce in Nigeria
The law recognizes only one ground for divorce in Nigeria: that the marriage has broken down irretrievably. But what does “irretrievable breakdown” mean?
It means the marriage is beyond repair. However, to prove this to the court, you must show at least one of the following facts:
1. Refusal to Consummate the Marriage – If your spouse has wilfully and persistently refused to consummate the marriage (that is, refused to have sexual relations with you after the wedding), this can be used as a ground for divorce.
2. Adultery and Intolerability – If your spouse has committed adultery and you find it intolerable to continue living with them, you can file for divorce.
3. Unreasonable Behaviour – This includes situations where your spouse has behaved in a way that makes it unreasonable to expect you to stay married. Examples include:
- Physical abuse or domestic violence
- Rape or sodomy
- Habitual drunkenness or drug abuse
- Constant criminal activity or frequent convictions
- Refusal to provide maintenance or financial support
4. Desertion – If your spouse has abandoned you for a continuous period of at least one year, without any intention to return, this is considered desertion and a valid reason for divorce in Nigeria.
5. Separation with Consent (2 Years) – If you and your spouse have lived apart for at least two years and both of you agree to end the marriage, the court will grant a divorce.
6. Separation without Consent (3 Years) – Even if your spouse does not agree to the divorce, you can still file if you’ve lived apart for three continuous years.
7. Failure to Comply with Court Orders – If your spouse has failed, for at least one year, to obey a court order for restitution of conjugal rights (for example, an order to resume marital relations), this is a valid ground.
8. Presumed Death – If your spouse has been missing for at least seven years, and there’s no proof that they are alive, the court may presume them dead. This allows you to file for divorce under Nigerian law.
Final Thoughts: Know Your Rights
The decision to get a divorce in Nigeria is not an easy one, but it is your legal right if your marriage has truly broken down. The courts take divorce seriously and will only grant it when they are satisfied that the relationship cannot be repaired.
At Lawpadi, we understand how emotionally and legally complex divorce can be. While we don’t provide legal representation ourselves, we can connect you with trusted law firms that specialize in family and matrimonial law in Nigeria.
If you’re unsure about your options or want help navigating the process, feel free to reach out to us or explore more of our resources on divorce and family law in Nigeria.
We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. This answer is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.
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