Grounds for Divorce in Nigeria

Introduction

Divorce is a legal process that dissolves the marital union between two married couples. The marriage must be a marriage contracted under the Act (in a lay man’s language the court marriage). While divorce action can be instituted in the High Court, the customary marriages can be dissolved in a Customary court of the area where the marriage was contracted. In Nigeria, as in many other countries, divorce is regulated by laws that outline the grounds for divorce and the procedures to follow. The Laws includes but not limited to Matrimonial Cause Act or Rules as the case maybe and The Marriage Act.

In this write-up we are going to focus only on the grounds for divorce as stipulated in the Matrimonial Causes Act.

Read:VIOLENCE AGAINST WOMEN IN NIGERIA

Grounds for Divorce in Nigeria

The Matrimonial Causes Act is the primary legislation governing divorce in Nigeria. According to this law, by Section 15(2) it provides only one ground for the dissolution of a marriage and the sole ground is that the marriage has broken down irretrievably. This ground can be established in several ways, which are:

Refusal to consummate the marriage: when one of the parties to a marriage denies the other sex willfully not on health ground but just to punish the other party and has consistently done that. This is one way to prove that the marriage has broken down irretrievably.
Adultery: Adultery is one of the most commonly cited grounds for divorce in Nigeria. If one spouse can prove that the other has engaged in sexual relations outside the marriage, it can be a compelling reason to seek a divorce. In seeking for divorce on this ground, the petitioner must join the person with whom the respondent is committing the adultery as a party to the suit. Only one person does not commit adultery
Unreasonable Behavior: This ground includes physical or mental cruelty, addiction, or any behavior that makes it intolerable for the petitioner to live with their spouse. It’s essential to provide evidence that the behavior has negatively affected the marriage.
Desertion: If a spouse has left the other for a continuous period of at least One year without their consent and without any intention of returning and before the presentation of the petition. This can be a valid ground for divorce.
Separation: A divorce can also be sought if the spouses have lived separately for a continuous period of at least two years, and none of the party is objecting to the divorce. This is what is usually called the 2 years rule under the Matrimonial Causes Act.
Separation: if both parties to a marriage have lived apart for a continuous period of Three years, this can be another ground for divorce in Nigeria.
Absence: If one spouse has been absent for at least seven years, and there is no information on whether they are alive or dead, the other spouse may petition for divorce.

Read also:Divorce Petition in Nigeria (How to Respond)

In conclusion, the divorce process begins with one party, known as the petitioner. The party files a petition for divorce at the High Court in the state where either spouse resides or where the marriage took place. The petition outlines the ground and reason(s) or fact(s)for the divorce. The petition also provides details about the marriage, including the names of the parties, date of marriage, and any children from the marriage. The petitioner must attach relevant documents, such as the marriage certificate and any evidence supporting the facts relied upon to prove the ground for the divorce. You need the services of a lawyer for you to institute a divorce proceeding in the High Court. In the case of Customary marriage and the customary divorce, you may or may not need the services of a lawyer. The parties can actually handle divorce proceeding in the Customary Court without involving a lawyer.