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Browse our 29 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.
Divorce and Separation Laws in Calabar are governed by the Matrimonial Causes Act specific to Nigeria as a whole. This law provides comprehensive regulations guiding both divorce and legal separation. It stipulates that a divorce, also called 'dissolution of marriage', can only be granted by the court for specific reasons such as adultery, desertion, intolerance due to a partner's peculiar behavior, etc. Separation, on the other hand, is a legal process by which a married couple may formalize a de facto separation while remaining legally married.
While it is possible to get separated or divorced without a lawyer, the process can be complex and emotionally draining. Having a competent lawyer can alleviate the strain and help avoid potential pitfalls. A lawyer can help in elucidating complicated legal procedures, safeguard the party's rights and interests, ensure a fair division of property, and make arrangements for child custody and maintenance. Particularly, in situations where a divorce is contested, or involves intricate issues like substantial assets, abuse, or child custody disputes, a skilled lawyer can provide invaluable advice and support.
The Matrimonial Causes Act is the primary law regulating divorces and separations in Calabar and Nigeria as a whole. It stipulates that a court may grant a decree of divorce if it is satisfied that the marriage has broken down irretrievably. Common grounds for divorce include adultery, unreasonable behavior, desertion for three years, parties living apart for three years, and more. Nigeria operates under a 'no-fault' divorce system, meaning that it is not necessary to prove misconduct on the part of one of the partners for a divorce to be granted. Matters of child custody, property division, and spousal support are addressed separately, and usually, the best interests of the child(ren) are a significant factor in these decisions.
The duration of the divorce process varies depending on the complexity of the case and whether or not it's contested. A straightforward and uncontested divorce can be finalized in as little as a few months, while contested divorces can take a year or more.
Yes, legal separation is recognized in Calabar. It allows couples to live separately but still retain their marital status. During this period, the spouses are not allowed to remarry as they are still legally married.
The main grounds for divorce under the Matrimonial Causes Act include adultery, unreasonable behavior, desertion for three years, or living apart for a continuous period of three years.
Property division in Nigeria is often decided based on the financial contribution each party made during the marriage. However, the court may consider other factors and make a judgment in favor of the less-privileged party.
The welfare of the child is the primary consideration in determining custody in Nigeria. Both parents have equal rights concerning custody, and the court will make a decision based on the child's best interests.
In addition to seeking help from a competent lawyer, you may also find useful resources via the Nigeria Legal Information Institute and the Gender Relevance Initiative Nigeria, both of which provide useful insights into divorce and separation laws. There are also several non-profit organizations like the Project Alert on Violence Against Women, that can provide assistance, especially in situations involving domestic violence.
If you are contemplating divorce or separation, the first step would be to consult a reputable family lawyer or law firm experienced in such cases. They can guide you through the legal process, explain your rights, help negotiate terms with your spouse, and represent you in court if necessary. Ensure to gather all necessary documents such as marriage certificates, financial records, property deeds, and evidence of grounds for divorce. Remember, the pursuit of a divorce or separation is a significant step, therefore, it is advisable to exhaust all peaceful mediation routes first.
