Best Divorce & Separation Lawyers in Lekki
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List of the best lawyers in Lekki, Nigeria
Nigeria Divorce & Separation Legal Questions answered by Lawyers
Browse our 36 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.
- Is 2 to 3 months enough for a divorce to process
- Good day to you. I would say that 2-3 months is most unlikely to conclude divorce proceeding in most circumstances but it may be possible depending on the kind of marriage celebrated and level of contention. Marriages like traditional and Muslim marriage could be easily dissolved within the said months because there may not be need to go through the rigours of court proceedings. On the other hand, a statutory marriage would normally entail the rigours of court processes which would take more time coupled with the level of contentions between parties on issues like sharing of properties, child maintenance, child custody (in case of minor) etc.
- How do I go about filling for a divorce
- This depends on the kind of marriage celebrated. If it's a statutory marriage, you should get a lawyer to file for divorce in the High court for dissolution of the said marriage. If it's a customary marriage, this can be dissolved by a customary court if you intend to have a documentary back up. If it's a Muslim marriage, you may approach a sharia court or go through the less formal procedure by oral declaration and the likes. For statutory marriage, it has to be up to 2 years before being able to apply for divorce else there would be a need to file for leave of court for exceptional cases. In all of this, just get a lawyer to advise you better.
- Can I divorce my wife for threat to life?
- Yes. It's a behaviour for which you cannot reasonably be expected to live with your wife. Section 15 (2) (C) of the Matrimonial Causes Act.You can reach out if you need to file divorce: +234 916 793 5575
About Divorce & Separation Law in Lekki, Nigeria
Divorce and separation law in Lekki, Nigeria, falls under the larger Nigerian family law system, which is a blend of English common law, statutory law, and customary law. The statutes that predominantly govern divorce and separation include the Matrimonial Causes Act for statutory marriages and customary laws for traditional marriages. Statutory marriages, frequently referred to as 'court marriages', are subject to many rigorous requirements for divorce. On the other hand, traditional marriages have more relaxed rules and vary depending on local customs, although they are also increasingly subject to statutory regulation.
Why You May Need a Lawyer
Legal representation is crucial when navigating complex divorce procedures or negotiating separation terms, particularly involving child custody, property division, spousal support/alimony among others. Moreover, a lawyer can help protect your rights and ensure that you're not taken advantage of during the process. If your partner has hired a lawyer, it's essential that you do the same to balance the scales. Finally, a competent divorce lawyer can provide perspective and help manage emotions during this stressful time.
Local Laws Overview
The Matrimonial Causes Act governs statutory marriages in Lekki, Nigeria. The Act lists several grounds for dissolution of marriage including adultery, cruelty, desertion, or a spouse's incurable mental disorder. Separation agreements must adhere to the Child's Right Act of 2003 when negotiating child custody arrangements. Additionally, customary marriages are handled differently, usually employing traditional arbitration methods and settlement negotiations. However, such divorces are also increasingly subject to statutory regulations.
Frequently Asked Questions
What is the process for obtaining a divorce in Lekki, Nigeria?
You begin by filing a petition in a High Court. The court will ensure all requirements are met before proceeding with the case. The process includes serving divorce papers, responding to the petition, negotiating a settlement, and court hearings.
Do I have the right to spousal support or alimony?
Yes, the court may order one party to provide spousal maintenance if they find it equitable and just to do so. This often depends on factors such as the living standard during the marriage, duration of the marriage, and financial resources of the parties.
How is child custody determined in Lekki, Nigeria?
Child custody in Lekki, Nigeria, is determined by the best interests of the child standard. This can depend on several factors including the age and physical well-being of the child, parents' financial situation, and emotional ties between the child and the parents.
Can I change my name back to my maiden name after divorce?
Yes, a woman may revert back to her maiden name after a divorce. This usually involves a formal name change process.
How is property divided in a divorce?
Property division is determined by the court based on several factors including the financial contributions by each spouse, the standard of living during marriage, and the needs of each spouse.
Additional Resources
The Lagos State Ministry of Justice and the Nigerian Bar Association, Lagos Chapter, are useful resources for individuals seeking advice about divorce and separation. Certain non-government organizations, particularly those focusing on women's and children's rights, may also be beneficial.
Next Steps
If you're in need of legal assistance, consider consulting with a family law attorney in Lekki. Be prepared to provide details about your situation including any relevant documentation. Always remember the importance of candidness and transparency with your legal counsel during this process.
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. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.