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Free Guide to Hiring a Family Lawyer
Browse our 36 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.
In Nigeria, divorce, often known as dissolution of marriage, is regulated by the Matrimonial Causes Act. The basis for divorce in Nigeria is that the marriage has broken down irretrievably. In Asaba, being a part of Nigeria, adheres to the same laws. Nonetheless, certain ethnic norms and traditions may also come into play, depending on the specifics of each case.
If you find yourself in a circumstance where your relationship is fractured, legal guidance can be invaluable. Matters of property division, child custody, child support, and spousal maintenance following separation or divorce are complex and fraught. A lawyer can help protect your rights, provide objective advice, and guide you through the judicial process, making it less stressful and more manageable.
The prominent grounds for divorce in Asaba, and Nigeria as a whole, include adultery, cruelty, desertion for a certain period, and other behaviors signifying that the parties can no longer cohabitate. One important aspect is that under Nigerian law, only the High Court is empowered to grant divorces. In terms of property, the court considers what would be just and fair to both parties rather than an equal sharing.
The duration of divorce processes can vary widely. Yet, typically, an uncontested divorce might take three to six months, while contested divorces can take considerably longer.
The general rule under Nigerian law is that the welfare of the child is paramount. Therefore, the court considers factors like age, sex, and the emotional, physical, and educational needs of the child when deciding custody.
The Nigerian law does not automatically divide conjugal property equally between spouses in the event of a divorce. The court decides based on what is considered just and equitable to both parties.
Yes, once a divorce is finalized, you are free to remarry. However, ensure the decree absolute has been issued, formally ending your previous marriage.
The cost of hiring a lawyer can fluctuate based on experience, complexity of the case, and length of the proceedings, among other factors. It's advisable to discuss fees before hiring a lawyer.
You might find the following resources helpful: Nigeria Legal Information Institute and Legal Aid Council of Nigeria. Ensure to use official websites of these resources for accurate and up-to-date information. You can also refer to the Matrimonial Causes Act for more information.
If you need legal assistance in matters of divorce and separation, your next step should be to seek legal counsel from a reputable law firm or lawyer specialized in divorce and family law. Before the consultation, prepare all relevant information and questions you may have to help the lawyer understand your case better and provide appropriate advice.
