By Gbolahan Oluyemi
In Nigeria, there are three kinds of marriages. First is the marriage under the Act, which is celebrated at the marriage registry or a licensed place to celebrate marriages.
Secondly, we have customary marriages which are usually characterized by payment of dowry/bride price and other traditional rites peculiar to the customs of the couples.
Lastly, there are Islamic marriages i.e. marriages celebrated under the doctrines of Islam and governed by the principles of Sharia. This article considers the procedure for dissolving marriages celebrated under the Act.
To dissolve a marriage under the Act, you are required to approach a High Court of State through a Petition. Unlike other forms of litigation where you are required to commence legal action in the location of the parties, there is no law forbidding the commencement of divorce proceedings in a state other than the state where the parties are located i.e. you can commence legal action in any state.
However, your place of domicile must be Nigeria. The Petition is usually prepared and filed by a Lawyer. At the point of filing, you are required to sign a verifying affidavit before the Commissioner for Oaths or Notary Public. A copy of the Marriage Certificate will also be required.
For the Petition to succeed, it must be established to the satisfaction of the Court that the marriage has broken down irretrievably. Please note that the Court will only find that a marriage has broken down irretrievably if you prove at least one of the following facts‐
- Your spouse has wilfully and persistently refused to consummate the marriage;
- Since the marriage, your spouse has committed adultery and you find it intolerable to live with him/her;
- Since the marriage, your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her;
- Your spouse has deserted you for a continuous period of at least one year immediately preceding the presentation of the petition for divorce;
- You and your spouse have lived apart for a continuous period of at least two years immediately preceding the presentation of the divorce petition and your spouse does not object to the divorce;
- You and your spouse have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition (irrespective of whether or not your spouse objects to the divorce);
- Your spouse has failed to comply with a decree or restitution of conjugal rights for one year;
- Your spouse has been absent from you for such time and in circumstances that he or she may be presumed in law to be dead.
Kindly note that the Court has a statutory duty to consider the possibility of parties reconciling. To this end, the Court may adjourn the proceedings in the manner the Court deem fit to afford parties the opportunity of becoming reconciled.
Gbolahan Oluyemi is a Partner at Olives and Candles (Legal Practitioners). For further information, enquiry or clarification, please reach out to Olives and Candles (Legal Practitioners) via email at [email protected]