How to File for Divorce in Nigeria: Step-by-Step Guide

Family law in Nigeria sits at the intersection of emotion, culture, and complex legal rules. If you understand which legal system applies to your situation, which court to go to, and what outcomes courts usually reach, you can plan your next steps more confidently and avoid common mistakes.

What does family law cover in Nigeria?

Family law in Nigeria covers legal relationships within the family, including marriage, divorce, custody, maintenance, domestic violence, adoption, and inheritance disputes. The applicable rules come from statutory law, customary law, Islamic law, and the Constitution, often operating together.

In practice, Nigerian family law spans:

• Formation and breakdown of relationships - marriage, separation, divorce, nullity, judicial separation.
• Children - paternity, custody, access/visitation, maintenance, adoption, guardianship, child protection.
• Financial issues - division of property, spousal maintenance, child maintenance, inheritance and succession disputes.
• Protection from abuse - domestic violence, emotional and economic abuse, forced marriage.

Key legal sources for family matters in Nigeria

• Constitution of the Federal Republic of Nigeria 1999 (as amended) - fundamental rights, jurisdiction of courts, legislative powers of federal and state governments.
• Marriage Act, Cap M6 LFN 2004 - regulates statutory (civil/church) marriages.
• Matrimonial Causes Act, Cap M7 LFN 2004 (MCA) - governs divorce, nullity, custody, and maintenance for statutory marriages.
• Child's Rights Act 2003 (CRA) and state Child Rights Laws - protect children's rights; apply directly only in states that have domesticated the Act.
• Violence Against Persons (Prohibition) Act 2015 (VAPP Act) and state VAPP laws - address domestic violence, harmful traditional practices, and related offences.
• Customary law and Islamic (Sharia) law - regulate customary and Islamic marriages, divorce, inheritance, and related family issues, often codified in state laws.
• Administration of Estates laws and Wills laws - regulate distribution of property on death.

What types of marriages are legally recognised in Nigeria?

Nigeria legally recognises three main categories of marriage: statutory marriage under the Marriage Act, customary marriage under the customs of an ethnic group, and Islamic marriage under Islamic law. Each type has different rules on polygamy, divorce, property, and which court has jurisdiction.

Main marriage types and their features

Mixed and converted marriages

• Customary plus statutory: Couples often marry first under customary law and then "convert" to a statutory marriage by marrying under the Marriage Act. The statutory marriage usually becomes the controlling regime for divorce and property.
• Islamic plus statutory: A Muslim couple may choose a statutory marriage; in that case, the Matrimonial Causes Act governs divorce, not Islamic law, for that marriage.
• Informal cohabitation: Long-term cohabitation alone does not create a statutory marriage; at best it may be treated as evidence of a customary union, depending on facts and local law.

How do you legally get married in Nigeria?

To marry legally in Nigeria, you must follow the procedure for your chosen marriage type and ensure you meet age, consent, and capacity requirements. For statutory marriages, you must go through a government-recognised registry process; for customary and Islamic marriages, you must comply with the relevant customs or Islamic rules.

Requirements for statutory marriage under the Marriage Act

Core requirements include:

• Freedom to marry (not already married under a monogamous system).
• Age (usually 18 or older; minors need parental consent).
• Valid consent (no duress, fraud, or mental incapacity).
• Compliance with the notice and registration procedure.

Steps to contract a statutory marriage

1. Give notice of marriage
   File a written notice of marriage at a recognised marriage registry (federal, state, or local government). The registry displays the notice for at least 21 days.
2. Obtain Registrar's certificate or licence
   If no valid objection is lodged during the 21 days, the Registrar issues a certificate authorising the marriage within 3 months of the notice date.
3. Arrange the ceremony
   Schedule the wedding at the registry or a licensed place of worship. Two witnesses must attend, and an authorised Registrar or minister must officiate.
4. Sign and collect the marriage certificate
   You, your spouse, the officiant, and witnesses sign the marriage register. You then receive a marriage certificate - this is your primary proof of the marriage.

Approximate costs and timelines for statutory marriage

Fees vary significantly by state and location; always confirm with your local registry before budgeting.

Customary and Islamic marriage procedures

• Customary marriage typically requires:
  • Family introduction and investigation.
  • Agreement on bride price and list items.
  • Performance of traditional rites according to the ethnic group's custom.
  • Consent of both parties and families.
  Some states encourage or allow registration of customary marriages at local government level, but the validity flows from custom, not registration.
• Islamic marriage (Nikah) generally requires:
  • Offer and acceptance between the parties or their guardians.
  • Presence of witnesses.
  • Payment of Mahr (dower) to the bride.
  • Compliance with Islamic rules on capacity, consent, and prohibited degrees.
  Written documentation helps proof but is not always mandatory for validity.

What are the legal grounds and process for divorce in Nigeria?

For statutory marriages, Nigerian law allows divorce only if the marriage has broken down irretrievably, proved through specific grounds under the Matrimonial Causes Act. The process starts with a petition filed at the High Court and usually takes several months to a few years, depending on whether the case is contested.

Grounds for divorce under the Matrimonial Causes Act

Section 15 of the Matrimonial Causes Act lists situations that can prove irretrievable breakdown, including:

• Adultery that the petitioner finds intolerable.
• Unreasonable behaviour or cruelty (physical, emotional, economic, or sexual).
• Desertion for at least one continuous year before the petition.
• Separation for at least two years with consent, or three years without consent.
• Failure to comply with a restitution of conjugal rights order.
• Conviction and imprisonment for certain serious offences.
• Presumption of death where the spouse has been missing for at least seven years.

There is also a general rule that you cannot file for divorce within the first 2 years of marriage, except with leave of court for exceptional hardship or exceptional depravity.

Divorce process for a statutory marriage

1. Consult a family lawyer
   The lawyer assesses jurisdiction (where to file), grounds, and evidence. Jurisdiction usually lies in the High Court of the state where either spouse resides.
2. File a petition
   Your lawyer prepares and files a petition stating the facts, grounds for divorce, and claims (custody, maintenance, property). Court fees may range from about ₦25,000 to ₦100,000 depending on state and reliefs claimed.
3. Service of court papers
   The petition is served on the other spouse, who files an answer and possibly a cross-petition. If the other party cannot be found, the court may permit substituted service (e.g. newspaper publication).
4. Case management and hearing
   The court may direct mediation or settlement discussions. If unresolved, the parties give evidence and call witnesses, and the court hears arguments on law and facts.
5. Judgment and decree
   If satisfied that the marriage has broken down irretrievably, the court grants a decree nisi, which becomes absolute after a set period (often 3 months) unless appealed. Ancillary orders on custody, access, maintenance, and property are usually made at this stage or after.

Customary and Islamic divorces

• Customary law divorce usually follows the customs of the ethnic group, such as return of bride price and family meetings, and may be confirmed by a Customary Court. The procedures and grounds vary widely.
• Islamic divorce may occur through:
  • Talaq (pronouncement of divorce by the husband), subject to strict Islamic rules.
  • Khul (divorce initiated by the wife with consideration to the husband).
  • Court ordered dissolution in certain circumstances (e.g. cruelty, non-maintenance).
  These are usually handled by Sharia Courts in states with Sharia personal law systems.

Typical costs and timelines for Nigerian divorce

These ranges combine typical lawyer fees and court fees in major cities; costs may be lower or higher depending on location and complexity.

How are child custody, access, and maintenance decided in Nigeria?

Nigerian courts decide child custody, access, and maintenance based on the best interest of the child, not automatically on the parent's gender or culture. Courts consider factors like the child's age, welfare, stability, and the parents' ability to care for and maintain the child.

Legal framework for children's matters

• Child's Rights Act 2003 and state Child Rights Laws (for states that have adopted them) place the child's best interest as the primary consideration in all actions concerning children.
• Matrimonial Causes Act gives High Courts power to make orders on custody, access, and maintenance in connection with statutory marriages.
• Customary and Islamic laws influence decisions in Customary and Sharia Courts, but higher courts increasingly emphasise the best interest test even in these systems.

Custody and access: how courts apply the best interest test

Courts commonly evaluate:

• Age and needs of the child - very young children often stay with the mother, unless strong reasons show otherwise.
• Emotional bond - existing attachment between the child and each parent.
• Stability - continuity in school, home environment, and routine.
• Capacity - physical, financial, and emotional ability of each parent to care for the child.
• Conduct - history of violence, substance abuse, neglect, or alienation attempts.
• Wishes of an older child - heard with care, especially for teenagers.

Custody can be:

• Legal custody - decision-making power on major issues like education and health.
• Physical custody - where the child lives day to day.
• Joint custody - shared responsibility, sometimes with primary residence with one parent.

Child maintenance and support

• Both parents owe a legal duty to maintain their children, regardless of marital status or custody arrangements.
• Maintenance can cover school fees, housing, food, medical care, and other reasonable needs, depending on the parents' means and the child's circumstances.
• Courts can order:
  • Monthly or quarterly maintenance payments.
  • Direct payment of specific expenses (e.g. school fees).
  • Security for future payments in suitable cases.
• If a parent defaults, the other can apply for enforcement through wage attachment, garnishee orders, or contempt proceedings.

Relocation and international children disputes

• If a custodial parent wants to relocate with a child (within or outside Nigeria), the court often requires either consent of the other parent or a court order.
• Courts weigh best interest factors, including schooling, support networks, risk of losing contact with the other parent, and immigration realities.
• For cross-border issues, Nigeria has not ratified all international child abduction conventions, so practical strategies and negotiation are vital.

How is property shared and spousal maintenance decided after separation in Nigeria?

For statutory marriages, Nigerian courts share property based on contributions and fairness, not an automatic 50-50 split. Spousal maintenance is discretionary and depends on need, ability to pay, and the facts of the marriage.

Property sharing after statutory marriage breakdown

Key principles include:

• No automatic community of property - property belongs to the person in whose name it is registered, unless otherwise proved.
• Contribution-based sharing - courts look at direct financial contributions and indirect contributions (like homemaking, child care, and support to the other's career).
• Fairness and justice - higher courts encourage equitable distribution, especially where one spouse sacrificed career or earnings for the family.

Courts may:

• Order joint properties to be sold and proceeds divided.
• Order transfer of specific assets to one spouse.
• Recognise constructive or resulting trusts where one party contributed but is not on the title.

Property issues in customary and Islamic marriages

• Customary marriages:
  • Traditionally separate property regimes are common, but courts increasingly consider equitable sharing where there was joint effort.
  • Customary courts may follow local custom on property and bride price, subject to constitutional limits.
• Islamic marriages:
  • In Islamic law, each spouse retains separate property, but the court can consider fairness and agreed terms.
  • Mahr (dower) obligations and other entitlements may arise on divorce.

Spousal maintenance (alimony)

Under the Matrimonial Causes Act, the court may order maintenance in favour of a spouse during or after proceedings. The court considers:

• Income, earning capacity, and financial resources of each spouse.
• Standard of living during the marriage.
• Age, health, and disabilities.
• Contributions made to the welfare of the family.
• Any misconduct that has financial consequences.

Maintenance can be:

• Periodic - monthly or annual payments.
• Lump sum - one-off payment or transfer of assets in full and final settlement.
• Secured - backed by property or other security.

How does Nigerian law protect against domestic violence and abuse?

Nigerian law increasingly recognises domestic violence as a serious crime and civil wrong, providing for protection orders, criminal sanctions, and compensation. The main federal law is the Violence Against Persons (Prohibition) Act 2015, supplemented by similar laws in many states.

What counts as domestic violence in Nigerian law?

Under the VAPP Act and similar state laws, domestic violence includes:

• Physical abuse - assault, battery, use of harmful substances or weapons.
• Sexual abuse - rape, sexual assault, harmful practices such as FGM.
• Emotional and psychological abuse - threats, intimidation, stalking, verbal abuse.
• Economic abuse - withholding funds, denying access to resources, property damage.
• Harmful traditional practices - forced marriage, widowhood practices, etc.

How to get legal protection

1. Report to the police or relevant agency
   You can report violence to the Nigeria Police Force, a state domestic violence response team, or relevant NGOs. In the Federal Capital Territory and states that have adopted VAPP laws, specialised units may exist.
2. Apply for a protection order
   With or without a lawyer, you can apply to a High Court or Magistrate Court (depending on the state law) for:
   • Emergency protection order (often granted ex parte, without the abuser present).
   • Interim and long-term protection orders.
   These orders can restrain contact, evict the abuser from a shared home, or impose other conditions.
3. Pursue criminal charges
   Assault, rape, and many violent acts are crimes under the Criminal Code, Penal Code, and VAPP Act. The state can prosecute the offender, leading to fines or imprisonment.
4. Seek civil remedies
   Victims may sue for damages, medical costs, and in some cases, orders relating to custody and occupation of the family home.

Practical safety steps alongside legal action

• Document incidents with photos, medical reports, messages, and witness statements.
• Develop a safety plan, including emergency contacts and safe locations.
• Engage shelters, faith organisations, or NGOs that support domestic violence survivors.
• Consider parallel family court proceedings on custody and maintenance where children are involved.

How do adoption and guardianship work in Nigeria?

Adoption and guardianship in Nigeria are court-driven processes that permanently or temporarily transfer parental responsibility to another adult, subject to strict welfare assessments. The Child's Rights Act and state Child Rights Laws largely govern modern adoption procedures.

Adoption law and eligibility

• Adoption is regulated primarily by:
  • Child's Rights Act 2003 in the FCT and states that have domesticated it.
  • Older adoption laws in states that have not yet passed Child Rights Laws.
• Typical eligibility rules:
  • Adopter must usually be at least 25 years old and at least 21 years older than the child.
  • Married couples often apply jointly; some states allow single applicants with conditions.
  • Foreign adoptions are subject to stricter rules, including immigration and anti-trafficking safeguards.

Adoption process overview

1. Initial enquiry
   Contact the Ministry of Women Affairs or equivalent social welfare department in the state where the child resides. They will brief you on local requirements and documentation.
2. Formal application
   Submit forms, identification documents, marriage certificate (if applicable), medical reports, police clearance, and financial information.
3. Home study and social investigation
   Social workers visit your home, interview you and other household members, and assess your capacity to care for the child. They also verify the child's legal status and consent requirements.
4. Placement and supervision
   In many states, the child is placed with you on a fostering basis for a trial period, during which social workers monitor the placement.
5. Court application for adoption order
   Through a lawyer or with legal aid, you apply to the appropriate High Court or Family Court for an adoption order. The court reviews reports and may hear from the child, biological parents, or guardians.
6. Final adoption order and documentation
   If satisfied that adoption serves the child's best interest, the court grants an adoption order. A new birth certificate is often issued in the adoptive parents' names.

Approximate adoption costs and timelines

Guardianship

• Guardianship gives someone authority to make decisions for a child, usually where parents have died, are incapacitated, or are abroad.
• Courts can appoint guardians under Child Rights laws, High Court rules, or customary law, always prioritising the child's welfare.
• Guardianship is usually less permanent than adoption and may end when the child turns 18 or circumstances change.

How do inheritance and family succession disputes work in Nigeria?

Inheritance and succession in Nigeria depend heavily on whether the deceased died with a valid will and which legal system (statutory, customary, or Islamic) applies. Disputes are common and often involve questions of marriage validity, child status, and property ownership.

Testate and intestate succession

• Testate succession - the deceased leaves a valid will, and property is distributed according to that will, subject to limited challenges.
• Intestate succession - no valid will exists; property is distributed according to:
  • Statutory rules (Administration of Estates Laws and Wills Acts) for statutory marriages and certain properties.
  • Customary law of the deceased's ethnic group for customary marriages and family property.
  • Islamic law for Muslims whose personal law is Islamic.

Key issues in Nigerian family succession disputes

• Validity of marriage - whether a spouse is recognised as a lawful wife or husband affects inheritance rights.
• Legitimacy of children - statutory and Child Rights laws increasingly protect children regardless of birth within or outside marriage, but practice varies.
• Polygamous families - distribution among multiple wives and children under customary or Islamic law can be complex.
• Family property vs self-acquired property - customary law often distinguishes these, with different rules for each.

Court processes for succession disputes

1. Probate or letters of administration
   For estates involving statutory property, executors apply for probate if there is a will; otherwise, family members apply for letters of administration in the High Court.
2. Customary or Islamic estate proceedings
   Disputes about customary or Islamic property may go to Customary Court, Sharia Court, or High Court depending on the claims.
3. Challenges and claims
   Parties may challenge a will, claim dependency support, or seek declaration of entitlement. These cases often require expert evidence on custom or Islamic law.

When should you hire a family lawyer in Nigeria?

You should hire a family lawyer in Nigeria whenever you face a significant decision or dispute involving marriage, children, property, or abuse, especially where formal court orders may be needed. A lawyer helps you choose the right legal system, court, and strategy, and protects you from costly mistakes and delays.

Situations where a lawyer is strongly recommended

• Statutory divorce or judicial separation - petitions, evidence, and court procedures are technical under the Matrimonial Causes Act.
• Custody, relocation, or complex access disputes - the best interest analysis and cross-border issues require strategy and strong presentation.
• Property sharing and high-value assets - proving contributions and tracing assets needs careful evidence and sometimes corporate or land law expertise.
• Domestic violence cases - combining protection orders, criminal complaints, and family law reliefs benefits from coordinated legal support.
• Adoption and guardianship - court processes and compliance with welfare and immigration rules are detailed.
• Multi-system marriages - where statutory, customary, and Islamic laws intersect, you need professional guidance to avoid jurisdiction traps.

How to choose a Nigerian family lawyer

• Look for specialisation in family law or a strong track record in similar cases.
• Ask about experience in your specific legal system (statutory, customary, Islamic) and your state.
• Discuss fees and billing structure upfront (lump sum, staged payments, hourly rates).
• Assess communication style and willingness to explore settlement or mediation where appropriate.

What are the practical next steps for resolving a family law issue in Nigeria?

Your next steps should be to clarify your legal position, gather documents, explore amicable solutions where safe, and engage appropriate courts or agencies with professional support. Acting early usually improves your options and reduces cost and conflict.

Step by step action plan

1. Identify your marriage and family law system
   Confirm whether your relationship is statutory, customary, Islamic, or a combination, and where you and your spouse or children currently live. This determines which court and laws apply.
2. Gather key documents
   Collect marriage certificates, birth certificates, title documents, bank statements, communication records, and any evidence of abuse or misconduct. Good documentation strengthens your bargaining and court position.
3. Consult a qualified family lawyer
   Schedule at least an initial consultation to understand your rights, risks, and realistic outcomes. Ask about timelines, costs, and whether mediation or negotiation makes sense.
4. Consider mediation or negotiated settlement
   For many disputes, especially property and custody, mediated agreements can be faster and less damaging. Lagos and some other states offer court-connected mediation centres.
5. File appropriate applications promptly
   Where necessary, file for divorce, custody, maintenance, protection orders, or adoption without delay. In abuse situations, prioritise safety and urgent protection orders.
6. Plan financially and emotionally
   Budget for legal fees and living expenses during proceedings. Build a support network of family, friends, or professional counsellors to help you navigate the emotional strain.

Approaching Nigerian family law issues with clear information and a structured plan gives you more control over outcomes. With the right advice and timely action, you can protect yourself, your children, and your long-term interests within the legal systems that apply to your family.