About Divorce & Separation Law in Lagos, Nigeria
Divorce, known as the dissolution of marriage, is the process of terminating a marital union in Lagos, Nigeria. It involves the reorganisation of husband and wife's legal duties and responsibilities. Like most parts of the world, divorce in Nigeria is governed by certain laws and stipulations. It is largely ruled under the Matrimonial Causes Act, which provides the main guidance for divorce proceedings in the nation. Under this law, parties can file for divorce after a minimum of two years of living apart.
Why You May Need a Lawyer
Understanding the legal intricacies related to divorce and separation can be challenging for most individuals. Hiring a lawyer can provide guidance through the overall process, clearly explain your rights and responsibilities, and ensure your interests are best represented. Also, in cases where the divorce is contested or involves complicated issues such as child custody, property distribution, or alimony, legal assistance becomes crucial.
Local Laws Overview
The Matrimonial Causes Act stipulates multiple grounds for seeking a divorce in Lagos. These include adultery, willful and persistent refusal to consummate a marriage, incurable insanity, and desertion for at least one year prior to filing. Property and asset division, child custody and support are other key factors considered in Nigerian divorce proceedings. The woman's right to property acquired during marriage isn't expressly provided in Nigeria's statutory and customary laws, making it an area of significant concern.
Frequently Asked Questions
What are the required grounds for divorce?
Nigerian law requires a petitioner to prove that the marriage has broken down irretrievably, based on any of the grounds outlined in the Matrimonial Causes Act.
How is property divided in a divorce?
Unlike in some legal systems, there's no automatic 50-50 split. The courts would consider several factors like the spouses' income, the family's living standard during the marriage, and the value of each party's separate property.
Who gets custody of children in a divorce?
Child custody is determined based on the best interest of the child. Courts generally consider factors like the age and sex of the child, the child’s emotional tie with both parents, and the parents’ ability to provide for the child.
How long does a divorce take?
There's no fixed timeline. It can vary based on various factors, including how contested the issues are, and the workload of the court dealing with the case.
Can i get a divorce without my spouse's consent?
Yes, It is possible. If you can establish that your spouse has been irresponsible, negligent or can prove adequate grounds for divorce as stipulated in the Matrimonial Causes Act.
Additional Resources
The Nigerian Bar Association provides resources for finding legal representation. Legal Aid Council of Nigeria offers free legal services for those unable to afford them. Platforms like DIYlaw also provide access to necessary legal documents as well as attorneys versed in Nigeria's divorce laws.
Next Steps
If you are considering divorce and/or separation in Lagos, it's recommended to seek legal counsel to protect your interests. Make an appointment with an attorney specializing in divorce law. Prepare a list of all your queries to make the most out of your consultation.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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